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COLLECTIONS 



t 



OF THE 



RHODE ISLAND 



HISTORICAL SOCIETY 



VOLUME X 




PROVIDENCE 

PRINTED FOR THE SOCIETY 
1902 



R4- 



>o-e.*«_4_, 



"^ 



PUBLICATION COMMITTEE 



George Parker Winship 
William MacDonald 
Frank Greene Bates 



PKINTINQ 
COM^ANt- 

1 . 7novi6eNce, 



OFFICERS 

OF THE 

RHODE ISLAND HISTORICAL SOCIETY 
Elected January 14, 1902 



President. 
JOHN H. STINESS. 

Vice-Presidents. 
George 7\ Paine, Robert H. I. Goddard. 

Secretary. 
Wilfred H. Munro. 

Ircasiirey. 
Richmond P. Everett. 

Librarian and Cabinet-Keeper. 
Clarence S. Brigham. 

Advisory Cotnniittee. 

The above-named officers, and tlie chairmen of the 

several standing committees. 

Albert V. Jencks, 

JVominating Committee. 
William I). Ely, 

Library Committee. 
Amasa M. Eaton, 

Lecture Committee. 
George P. Winship, 

Publication Committee. 
Isaac H. Southwick, Jr., 

Committee on Grounds and Buildings. 
Georgi: T. Hart, 

Cotnmittee on Genealogical Researches. 
Wilfred H. Munro, 

Cotnmittee on Necrology. 
J. Edward Studlicv, 

Finance Coi/imittee. 
James Burdick, 

Audit Committee. 



PREFACE 



In accordance with a vote of the Society passed April 2, 
1 901, the Publication Committee discontinued the Quarterly, 
of which thirty-two numbers, forming volumes I to VIII of the 
Publications of the Society, had been issued, beginning with 
the number for April, 1893, and ending with that for January, 
1901. The Collections of the Society constitute another 
series of publications, numbering volumes I to IX, of which 
volume I appeared in 1827 and volume IX in 1897. The 
Society published its Proceedings from 1872 to 1892, in 
twenty-one annual numbers. A new series of the Proceed- 
ings, to be published annually, will contain the record of the 
meetings of the Society, the President's address, reports of 
officers and committees, lists of members and donors, and 
obituaries of deceased members. The first number will cover 
the year ending with the annual meeting in January 1902. 
The present volume of Collections continues the series which 
began in 1827. 

The Pubhcation Committee, as soon as it was relieved of the 
necessity of preparing material for the periodical issued every 



PREFACE. 

three months, set about the collection and editing of the 
Harris Papers which appear in the present volume. These 
papers comprise every document of which the committee could 
learn, not heretofore printed, which throws light upon the 
career of William Harris, the life-long antagonist of Roger 
Williams, and one of the most influential of the founders of 
Rhode Island. The majority of these documents are printed 
through the courtesy of Mrs. Mary Harris Cushman, the pres- 
ent owner of the Harris family papers. These papers Mrs. 
Cushman generously deposited in the Society's building in 
September, 1900, with permission to publish them in full. 
They have been supplemented by other documents belonging 
to the Society, whose library contains a bound volume of man- 
uscripts pertaining to the Harris family, besides a considerable 
number of original documents and transcripts found among the 
papers of Moses Brown, who had at one time all of the Harris 
papers in his possession. Other documents have been secured 
from the British Public Record Office in London, and from the 
archives of the City of Providence. Besides the notes made 
by Moses Brown which appear on many of the papers, the edi- 
tors have had the invaluable assistance of the transcripts and 
notes of Mr. George T. Paine, who has made a careful study 
of the Harris controversies. The following letter written by 
J. Hammond Trumbull, the learned Connecticut historian, is 



PREFACE. 7 

a suggestive indication of the position occupied by William 
Harris in the history of New England : — 

State of Connecticut. 
Office of Secretary of State, 
Hartford, Aug. 31st, 1865. 
Geo. T. Paine, Esq. 
Dear Sir : — 

I am glad to learn that you have in hand so good 
a work as the Life and Times of William Harris, who well de- 
serves larger notice than he has hitherto received from writers 
of the early history of New England. I gleaned our colonial 
archives, with considerable care, for traces of him, in his work 
for his colony and ours, and embodied the little which I found 
in the notes and appendices to the second and third volumes of 
the printed records. 

Yours respectfully, 

J. H. Trumbull. 



The introductory account of the Land Controversies of Wil- 
liam Harris is written by Irving B. Richman, of Iowa, who has 
placed the Society under many obligations by this successful 
effort to render intelligible one of the most confused episodes 
in New England history. The Calendar, which gives a chron- 
ological outline of every significant event in the life of Harris, 
with references to all the documents, wherever printed, which 
bear upon his career, is prepared by the librarian of the So- 



8 



PREFACE. 



ciety, Mr. Brigham, who has also suppHed the notes accom- 
panying the documents. The map of the localities mentioned 
in these documents has been prepared by Frank G. Bates of 
the Publication Committee and Thurston M. Phetteplace. 
For the Publication Committee, 

George Parker Winship. 



N 



l\V\oie XslauA h 1 &'\:oT\ o.a\ SocUV^i^' 



HARRIS PAPERS 

With an Introduction 

BY 

IRVING B. RICHMAN 

AND 

A Calendar and Notes 

BY 

CLARENCE S. BRIGHAM 



The Land Controversies of William Harris * 



Bv Irving B. Richman 



Between the years 1660 and 1678, William Harris main- 
tained within the jurisdiction of Rhode Island and the United 
Colonies actions at law against the towns of Warwick and 
Providence, and against John Harrud, John Towers, Edmund 
Calverly and their associates. These suits were based upon 
the claim that the corporations and individuals defendant with- 
held from Harris lands within the Pawtuxet purchase which 
belonged either to him or to his partners and co-proprietors. 
The litigation in question will be better understood after a 
glance at certain things which preceded it. 

In March, 1638, the Indian Sachems Canonicus and Mianto- 
nomi conveyed to Roger Williams, in the instrument since 
called the Town Evidence, lands which shortly became known 
as the Providence and Pawtuxet purchases. On October 8th 
following, Williams, in response to a demand from Harris, 
executed a deed and joined in an agreement whereby there was 
conveyed to the latter, along with twelve others, an absolute 
property in the Pawtuxet purchase. In 1640 a committee of 
the citizens of Providence, of which William Harris was a 
member, drew up a plan of government for the settlement, in 
which they fixed the course of a line of division between the 
Providence purchase — a tract in which every full townsman 
as such had a proprietary interest — and the Pawtuxet pur- 
chase, the tract which had been made the exclusive property of 
Harris and the twelve. 



*The writer wi.shes to acknowledge his indebtedness to Mr. S. S. 
Rider's monograph on the Forgeries in the Sachems' deed, and to the 
monograph by Mr. Geo. T. Paine in reply to Mr. Rider. 



12 RHODE ISLAND HISTORICAL SOCIETY. 

But this was not all. On May 17th, 1659, the Rhode Island 
General Assembly made an order "that Providence should 
have liberty to buy out and cleare off Indians within the bounds 
of Providence as expressed in the Towne Evidence, and to pur- 
chase a little more in case they wish to„add, seeing they are 
straytened, not exceeding three thousand acres joyinge to their 
township." William Harris therefore (with what authority is 
not clear) proceeded to obtain in quick succession from the 
Sachems Kachanaquant, Quassaquanch [Pessicus], and Nene- 
kelah, brothers of Miantonomi, and from the Sachems Scuttop 
and Quequaquennet, grandsons of Canonicus, deeds (three in 
all) which added to the township of Providence — including the 
Pawtuxet portion owned by the Harris partnership — a tract 
extending twenty miles westward from Fox's hill, and compris- 
ing not three thousand but more than three hundred thousand 
acres. The deeds, moreover, did not purport to be new convey- 
ances. They assumed merely to be in confirmation — explana- 
tory confirmation — of certain loose, large phrases of the 
Town Evidence granting to Roger Williams " the lands and 
meadows upon the two fresh rivers mowshausuck and wanas- 
quatuckett," and "all that land from those rivers reaching 
to Pawtuxet river, as also the grass and meadows upon Paw- 
tuxet river," — phrases which were helped out in looseness and 
largeness by a postscript, bearing date 1639,* which explained 
that "for use of cattle" the lands, "up the stream of Paw- 
tuckett and Pawtuxett," were to be "without limits." Why 
Harris in procuring his deeds chose to proceed upon the " con- 
firmation " plan may readily be seen. First, the Sachems could 
more easily be persuaded to sign a paper purporting to confirm 
a grant already made than one purporting to make an addi- 
tional grant ; and second, an additional grant must under the 
terms of the Colony order of May 17th, 1659, inure to the 
benefit of the whole town, whereas a confirmation grant could 
be so worded as to fix at twenty miles west from Fox's hill the 



*The date 1639 was not upon the postscript at the time when the latter 
was added to the Town Evidence. 



INTRODUCTION. 13 

limits not only of the original township of Providence, but of 
that particular part thereof which Harris and his partners 
exclusively owned — the Pawtuxet purchase. 

At all events the deeds were procured and, on March 26th, 
1660, were accepted by the town of Providence regardless of 
the Colony — facts out of which grew the litigation which dis- 
tracted Rhode Island till the death of William Harris in 1681. 

The case which first brought up the general issue as to the 
limits of the tract named in the Town Evidence was the one first 
tried — that against the town of Warwick. This was heard at 
Newport, or Portsmouth, in February and March, 1659-60. It 
was the contention of Harris, and of the other Pawtuxet pro- 
prietors, that the Pawtuxet purchase extended on the south to 
the Pawtuxet river, but that the proprietors of Warwick, dis- 
regarding this, had crossed the river at a point called Toskeunke 
(now Pontiac) and had cut and carried away the grass from the 
meadows there. The reply of Warwick was, that admitting 
that the Pawtuxet purchase extended to the Pawtuxet river, it 
did not follow that the western boundary of the purchase was 
further west than the Pachaset river, and that, if not, Toskeunke 
was wholly outside the purchase and hence within the limits of 
Warwick, for it lay south of the north line of that town as 
established under the grant from Miantonomi to Samuel Gorton 
in 1642. Here then was the issue as to limits squarely pre- 
sented. And it may be as well perhaps to state at once, that 
it is difficult to see how, under the language of the Town Evi- 
dence per se, and the testimony offered upon the trial in ques- 
tion, any other conclusion can be reached than that the western 
boundary of the Providence and Pawtuxet purchases was at the 
most no further west than about the line of Pachaset river. For 
the language of the Town Evidence is that the western boundary 
of the Providence purchase is fixed by the two points Neuta- 
conkanut hill and Mashapaug, and it was the testimony of 
William Wickenden and Stukeley Westcott, upon the trial — 
the one, that it had been agreed between the men of Providence 
and Pawtuxet that the latter "were not to Runne higher" 
[farther west] than the men of Providence were at liberty to 



14 RHODE ISLAND HISTORICAL SOCIETY. 

do ; and the other, that Miantonomi, upon coming to Providence 
" to sett our Boundes," said "that he never understood the said 
Boundes to be further than Pachaset river." And it was, 
furthermore, the testimony of Wickenden, that " he was one 
that pitched the bounds [in 1640], as between Pawtuxet river 
and Wanasquatucket, upon equal distance, and that the line 
went to a rock [Hipses rock] which was as high into the country, 
as wee considered, as Nataconete hill." 

But in spite of this, on March 13th, 1659-60, the jury re- 
turned a verdict in the Warwick case in Harris's favor, assess- 
ing his damages at two pounds, which upon a rehearing in Oc- 
tober were increased to four pounds. 

The Harrud case came next. This was an action brought 
by Harris for forcible entry upon, and cutting timber from, 
the complainant's lands at Mashantatuck at a spot within five 
miles of the newly determined bounds of Pawtuxet westward. 
The trial was held at Newport, in March, 1663-4, and resulted 
in a verdict for Harris in ten .shillings damages. Meanwhile 
Harris was maintaining an active quarrel with John Towers of 
Hingham, Mas.sachusetts, because of a purchase by the latter 
from the Indians on June 17th, 1661, of lands lying within the 
immediate neighborhood of the complainant's own dwelling at 
Blackmore pond ; and with Edmund Calverly and James and 
John Sweet of Warwick, because on June 23d, 1662, they had 
purchased from the Indians a tract of four thousand acres 
north of the Pawtuxet and west of the Pachaset. As for the 
case against Harrud, Harris now had a verdict, but he could 
not get possession thereunder. The town sergeant, whose 
duty it was to serve execution, evaded that duty, knowing first 
that he had the sympathy of the community in so doing, and 
second that if he attempted to discharge his duty, he would 
be met by the defendant, ax or matchlock in hand. In view 
of this, Harris, in 1665, appealed to the visiting Royal Com- 
missioners — Carr, Cartwright and Maverick — to be awarded 
possession. They promised to see to the matter, but left the 
Colony wilhoul doing so. Next the assistance of Colonel 
Richard Nichols — Royal Commissioner in association with 



INTRODUCTION. ' 15 

Carr and the others — was invoked, and he referred the com- 
plaints to the Governor and Council of Rhode Island, urging 
attention. The latter body in turn made reference to the 
General Assembly, which, in March, 1665-6, ordered that exe- 
cution issue without delay. But execution, whether issued or 
not, was not served, and in July, 1667, Harris charged James 
Rogers, "General Sergeant," before the Assembly with 
neglect of his office. Rogers was arraigned only to be ac- 
quitted, and at the same time the Assembly revoked the act 
of the prior Assembly ordering execution, on the ground that 
when ordered all the members from Warwick, " by a provi- 
dence for want of passage," were absent. But Harris, though 
repulsed, was by no means as yet defeated, for, in May, 1669, 
the General Assembly, at his instance, again ordered execu- 
tion to issue against Harrud. It was issued accordingly, and 
placed in the hands of Rogers to be served. Rogers pro- 
ceeded to Mashantatuck, and when arrived there found Harrud 
fortified in his dwelling, whence, presenting a gun, he called 
to the sergeant " commanding him in his Majesty's name to 
stand." 

During this period of contest in forum and field with Harrud, 
Towers, and Calverly, the Pawtuxet leader was waging even a 
hotter contest with the town of Providence. It was demanded 
by Harris that the dividing line between the Providence and 
Pawtuxet purchases .should now fully and finally be laid down. 
There was no dispute over the general course which the line 
ought to take. The stipulation in the agreement of 1640 
(called the Combination) that the course be " on an even dis- 
tance between the two fresh rivers Pawtuxet and Wanasqua- 
tucket " was concurred in by all. Indeed several attempts 
had already been made by Providence to have the line fully 
run as thus indicated. But somehow up to 1670 it got no fur- 
ther west than the limits of the town as determined between 
Miantonomi and Roger Williams in 1638. The reason for this 
was simple. William Harris had (by his so-called confirma- 
tion deeds) procured from the Indians what was to all intent 
and purposes a new grant of lands. In the eyes of Roger 



16 RHODE ISLAND HISTORICAL SOCIETY. 

Williams — the Indians' friend — this was nothing short of a 
gigantic fraud, and he resolved that Harris should be made to 
suffer for his conduct. Accordingly when the latter pressed 
for the running of the Providence-Pa wtuxet division line to 
the twenty-mile limit, Williams in connection with Arthur 
Fenner and Gregory Dexter (likewise opponents of Harris) 
stirred up the town to refuse to act. The result was that Har- 
ris was precluded from obtaining the setting apart to himself 
and partners of his and their distinct property — the Pawtuxet 
purchase. 

Out of all this there grew a violent political storm in the 
Colony. Harris sought in July, 1667, to have Fenner rebuked 
by the General Assembly. The Assembly on the contrary 
sustained Fenner, and, fining his accuser fifty pounds, dis- 
missed him from office as a Colony Assistant. Harris was 
now convinced that affairs with him had reached a critical 
stage. Through force of adverse public opinion in Providence 
and Warwick, affecting the conduct of public officers, he had 
been unable to secure possession of lands to which his title 
had been established in the Colony Courts. Now, through 
force of the same public opinion — an opinion which the Gen- 
eral Assembly had refused to thwart in its action — he was de- 
prived of all prospect of extending the Pawtuxet line west- 
ward to the newly determined bounds of Providence town- 
ship. The case was desperate and Harris resolved upon an 
appeal to the King. 

It was not until 1675, however, that the Pawtuxet leader 
could obtain the ear of the English authorities. In that year, 
through the mediation of Fleetwood Shepard of Privy Garden, 
he was enabled to submit to the Privy Council a petition that 
"your Majesty would graciously please to command the Gov- 
ernors of the four Colonyes and their deputies in New Eng- 
land to take care that speedy justice be done your petitioner 
and partners by hearinge the cause themselves or apointinge 
such as are just and able men to hear the same, and together 
with an upright jury equally chosen out of the respective 
Collonyes to determine all differences concerninge these lands 



INTRODUCTION. 17 

of Patuxet." This petition was granted, and on August 4th, 
1675, was made the basis of a Royal order to the Governors 
of Massachusetts, Plymouth, Connecticut, and Rhode Island. 
King Philip's war then intervened, and it was not until 1667 
that the Court of Commissioners assembled. The place was 
Providence, and business was begun on October 3d, in pres- 
ence of a bench and jury presided over by Thomas Hinckley 
of Plymouth. Harris and his partners (now reduced to two, 
Thomas Field and Nathaniel Waterman) filed declarations suc- 
cessively against the town of Warwick, against Edmund Cal- 
verly and his associates, against the town of Providence, and 
against John Harrud and his associates. John Towers had al- 
ready been declared against, and had appeared personally on 
October 3d. The declarations in the case of Warwick, and in 
that of the individual defendants, alleged damages by trespass, 
and demanded compensation. In the case of Providence the 
demand was chiefly that the Providence-Pawtuxet line should 
be run equally between the Pawtuxet and Wanasquatucket 
rivers as high upwards into the country as a place or pond 
called Ponaganset. 

On the part of Providence, replies to Harris were filed, on 
or before November 17th — the day of trial — by Gregory 
Dexter and Roger Williams jointly, and by Roger Williams 
separately. Replies were also filed by Calverly and by the 
town of Warwick. But the most interesting feature of the 
trial was (and is) the written argument submitted to the Court 
by William Harris, called the " Plea of the Pawtuxet Purchas- 
ers." Harris's main point was that the Pawtuxet lands, as 
described both in the Town Evidence and in the deed from 
Williams to those of Pawtuxet, " comprehended all the length 
of the rivers Moshassuc and Wanasquatucket" as measured 
upon the Pawtuxet. He urged, for example, that the expres- 
sion in the Town Evidence, " the lands and meadows upon the 
two fresh rivers Mooshassuc and Wanasquatucket," taken in 
connection with the further expression, '* all that land from 
those rivers reaching to Pawtuxet river," must be held to 
mean " the land [upon the Pawtuxet] to the utmost length of 



18 RHODE ISLAND HISTORICAL SOCIETY. 

the Other two rivers," because, under the "common and stat- 
ute law of England and the King's grants and patents to all 
New England, the most favorable construction is to be given 
[in any supposed doubt] to the grantees." Then again he 
urged that the bounds named in the Town Evidence as western 
bounds (Neutaconkanut hill and Mashapaug) would, if so 
taken, make the town of Providence not only irregular in form 
but so contracted in dimensions as to embrace an area 
("brought to a long square") of only one mile in breadth by 
four or five in length, which was unthinkable. Wherefore it 
resulted that Neutaconkanut hill and Mashapaug, being un- 
thinkable as western bounds, or bounds of length, must be 
taken to have been named as marking merely the breadth of 
the land on the said rivers. In Harris's own words, these 
points " being not of length, yet bound, therefore must be of 
breadth." 

The foregoing considerations embodied substantially all that 
could be gleaned by Harris from the Town Evidence, per se, 
upon which to ask the Court to sustain the claim of himself 
and partners to all the lands upon the Pawtuxet, west of the 
Pachaset river (up to which the claim was not generally dis- 
puted) as far as the Pond of Ponagansett. They also of course 
embodied all that could be gleaned upon which to support the 
demand against Providence that the Pawtuxet line be extended 
westward from Pachaset river, or Hipses rock, its existing 
terminus. 

As for the postscript dated 1639, which acknowledged a use 
of the Pawtuxet and Wanasquatucket lands, " up stream with- 
out limits," Harris argued that the same was not necessary to 
his claim, but that it strengthened it. Thus — with fine ap- 
preciation of effect — he appealed to the bench of Theocrats 
before him by citing Ezra vii: 22, where, in the case of a gift 
by the King of Kings to the King of Israel of a great but un- 
specified quantity of silver, wheat, wine, and oil, the gift 
though indefinite was sustained; and by citing Numbers 
xxxv: 3, where a gift of cities to the children of Israel, includ- 



INTRODUCTION. 19 

ing the suburbs "for their cattle," was considered to pass title 
to the suburbs as well as to the cities. 

The argument of Harris prevailed with the Court despite 
the emphatically sound view of Roger Williams that the Provi- 
dence purchase was limited westward by Neutaconkanut hill 
and Mashapaug, and that the acknowledgment of " up streams 
without limits " was a mere courtesy and license. On the 19th, 
20th, and 2 1 St of November, 1677, the Court returned ver- 
dicts in the complainants' favor. But this was far from set- 
tling the great controversy. Warwick at once sent represen- 
tatives (Randall H olden and John Greene) to England to com- 
plain of the composition of the Court which had rendered de- 
cision against the town, and in response it was ordered by the 
King on January 2d, 1678-9, that for the present Warwick 
should be left undisturbed in its possessions. No sooner, how- 
ever, had this been done, than William Harris appeared on the 
scene in England and procured an order that the Warwick 
case be reheard before the Governor and Magistrates of New 
Plymouth. The rehearing took place October 28th, 1679, and 
again a decision favorable to Harris was rendered. 

But meanwhile the men of Providence had not been idle. 
The verdict returned against the town, in November, 1677, re- 
quired that the Providence-Pawtuxet line be extended west- 
ward equally between the Pawtuxet and Wanasquatucket 
rivers — "till it meet with a thwart line from the head of the 
Wanasquatucket directly to the Pawtuxet." The all impor- 
tant question therefore was : Where is the head of the Wanas- 
quatucket .'' 

Out of the uncertainties involved in this question, Arthur 
Fenner and Roger Williams, as representing Providence, made 
the most. They in fact took a leaf from the book of William 
Harris himself, and fairly surpassed that master of tergiversa- 
tion at his own game. Instead of starting their "thwart line" 
from the natural head and source of the Wanasquatucket ("its 
old springs and ancient heads "), they started it at a point 
some distance below, where several streams united with the 



20 RHODE ISLAND HISTORICAL SOCIETY. 

main stream ; and instead of running it directly to the Paw- 
tuxet, they ran it past Mashapaug, which brought it to the 
Pavvtuxet at Papaquinapaug, a point only about three and one- 
half miles from the mouth of the stream in question. It is 
true that afterwards they ran a second line, but this, like the 
first, was started from the junction of the tributaries of the 
Wanasquatucket. It was then caused to follow a southeast- 
erly course past Neutaconkanut hill, terminating at the 
mouth of the Pachaset. That is to say, a determined effort 
was made to cut the Harris partnership out of substantially 
all the lands which had come to it under the confirmation 
deeds, by taking the Pachaset river, which skirted Neutaconka- 
nut hill, as the utmost limit westward of both the Providence 
and Pawtuxet purchases. 

In this shape matters stood when Harris, on April 15th, 
1678, felt himself forced to apply to the Court of Commis- 
sioners to reconvene the jury which had rendered him a ver- 
dict against Providence, to explain the meaning of their words. 
The jury was again summoned and made explanation that by 
a "thwart line directly to the Pawtuxet " they had meant and 
" did intend a square line from the head of Wenaskatucket 
river to Pawtuxet which said line runneth nearest W. S. W. 
from the head of Wanasquatucket river to Pawtuxet river 
which comes from Penhungansit pond, as appears by the maps 
given into his Majesty's Court." But by this time the Court 
itself had begun to divide on the point as to the " thwart line " 
raised by Fenner and Williams, and instead of ordering exe- 
cution upon the verdict, reported the whole affair to the King 
and begged for instructions. 

Once more thereupon Harris set sail for England. He 
reached London (as already has been seen) in season to se- 
cure an order for a rehearing in the Warwick case. He se- 
cured also an order, dated July 9th, 1679, directing the Gov- 
ernor of Rhode Island, John Cranston, to see that the ver- 
dicts against the defendants other than Warwick were at once 
put in process of execution. With these orders he returned 
home in September, 1679. In October the Warwick rehear- 



INTRODUCTION. 21 

ing went in his favor, and by November 24th, John Smith of 
Newport had been sworn as special marshal to deliver to Har- 
ris possession of all the Pawtuxet lands involved in the suits 
against Harrud, Towers and the town of Providence. At this 
point, however, Harris wavered. He refused to accompany 
Smith in order to point out the lands which he claimed, and 
on December 1 5th Smith made return of this fact to Governor 
Cranston. 

The story of the Pawtuxet litigation proper now rapidly 
nears its end. Harris decided to make still a further appeal 
to the King with the object of securing an order for a more 
specific form of execution against the defendants to his suits. 
About Christmas time, 1679, he took ship at Boston for Eng- 
land. On the voyage the ship was captured by a Barbary cor- 
sair and Harris was taken a prisoner to Algiers, where he was 
held in durance pending negotiations for his ransom. In the 
summer of 1681 he was redeemed and painfully made his way 
to England. Worn and shattered by his hardships, he died 
within three days after reaching London. 

With the death of William Harris, the struggle for the re- 
covery of the Pawtuxet lands soon assumed the appearance of 
a lost cause. The remaining proprietors, in 1686, appointed 
Nathaniel Thomas as their agent, who petitioned in turn to 
Governor Hinckley, the King, and Sir Edmund Andros, for 
the execution of the verdicts which Harris had obtained, but 
all to no purpose. In 1705 a petition for execution was made 
to Queen Anne, who although at first disposed to look upon 
the case favorably, was soon convinced of the inadvisability of 
reviving so ancient a struggle. As the English agent wrote 
home : " My lawyer tells me that he fears it (a new prepara- 
tion of the case) will be like dressing a cowcumber with oyle 
and vinegar, pepper and salt, and then throwing it upon the 
dunghill. That is to say, he doubts that when you have done 
all, the great length of time that this case has been depending 
(about 47 years) will be a stumbling block in your way never 
to be got over." The Pawtuxet proprietors submitted to the 
inevitable and immediately petitioned to the Providence Coun- 



22 RHODE ISLAND HISTORICAL SOCIETY. 

oil for the running of the dividing hnes. After considerable 
negotiation upon the matter, it was finally agreed that the 
north boundary of the Pawtuxet purchase should be a line 
running from Mashapaug west fourteen degrees north to the 
seven-mile line, and the west boundary a line from that point 
running due south to the Warwick line. Occasional disputes 
occurred later with descendants of those who in opposition to 
Harris had purchased land within the above described tract, 
but the Pawtuxet controversy as a whole was thus virtually 
ended. 



CALENDAR 

OF EVENTS IN THE LIFE OF 
WILLIAM HARRIS 



Calendar 

[The references No. i to No. 134 are to the documents printed 
in this volume.] 



161 o. Born. {Prov. Rec, vi : 48.) 

1 63 1, February i. Arrived at Boston in ship Lyon from 
Bristol, Eng. (Staples, Annals of Providence, p. 587.) 

1635. Inhabitant of Salem. (Savage, Geneal. Diet., ii : 365.) 

1636. Was one of the first six settlers of Providence (Arnold, 
History of R. /., i : 97), and drew his several shares of land. 
(Hopkins, Home Lots, pp. 30, 60-67.) 

1638, October 8. With twelve others made a proprietor of 
Providence. {Prov. Rec., iii : go; R. I. C. R., i : 19.) 

1638, October 8. With twelve others made an owner of lands 
at Pawtuxet. {Prov. Rec, xv : 31.) 

1640, July 27. Aids in drawing up a report called the " Com- 
bination," settling a boundary between Providence and 
Pawtuxet, and arranging several details of town govern- 
ment. {Prov. Rec, xv : 2.) 

1640, August 29. Sells land at Pawtuxet to Wm. Arnold. 
{Prov. Rec, i : 108.) 

1 64 1, November 17. With twelve others of Providence, sends 
a letter to Massachusetts complaining against Gorton. 
(3 Mass. Hist. Soc Coll., i : 2.) 

1643, [October]. Acts as a mediator between Massachusetts 
soldiers and Warwick men. {R. I. Hist. Soc. Coll., ii : 113.) 

[1644]. Cast out from Town Meeting for assaulting Adam 
Goodwin. (See No. 22, and Prov. Rec, xv : 121.) 

1645, January 30. With others testifies as to action of Massa- 
chusetts against Warwick. {R. I. Hist. Soc. Cbll., ii : 117.) 

1649, April 12. Chosen on a committee to make further divi- 
sion of lands at Pawtuxet. {Prov. Rec, xv : 97.) 

1650, [June]. Summoned to appear before Massachusetts 
General Court to answer petition of Arnold and Car- 
penter. {Prov. Rec, xv : 32.) 



26 RHODE ISLAND HISTORICAL SOCIETY. 

650, July 31. Verdict from the Court in favor of Harris. 
(No. I.) 

650, September 2. Taxed in Providence, ;^i. 6s. 8d. {Prov. 
Rec, XV : 33.) 

651, January 29. Bought the right and share of E. Holliman 
in Pawtuxet. {Prov. Rec, xiv : 76.) 

653, September 5. James Sweet gives receipt for land sold 
to Harris. (See No. 4.) 

654, April. Harris sells land at Pawtuxet to William Car- 
penter. {Prov. Rec, xiv: 65.) 

655, A freeman of Providence. {R. I. C. R., i : 299.) 

655, June 4. Mentioned in connection with a "tumult and 
disturbance " which had occured during the winter. {Prov. 
Rec, ii: 81.) 

656, May 23. Assembly requests that dispute between Paw- 
tuxet men and others of the Colony be settled by arbitra- 
tion. {R. I. C. R., i : 339.) 

657, January 12. Charged with high treason by Roger Wil- 
liams. {R. I. H. S. Pub., i : 216 ; W. H Memoranda, p. 5.) 

657, February 25. Speaks slightingly of Williams in Provi- 
dence meeting. {Prov. Rec, ii : 100 ; N. E. Hist. & Gen. 
Reg., viii : 293.) 

657, April [3]. Obtains from the Indians confirmation deed 
to land at Pawtuxet. (No. 2.) 

657, May 20. Requested to appear before the July Court to 
answer Williams's charges. {R. I. C. R., i : 361.) 

657, June 15. Report of arbitrators as to Pawtuxet lands. 
{Prov. Rec, xv : 94.) 

657, July 4. Examined upon the charge of high treason by 
the Assembly, which being unable to decide, send his 
writings over to their English agent. {R. I. C. R., i : 364.) 

657, December 25. Writes to W. Arnold and others, explain- 
ing the intention of the award of the arbitrators. (No. 3.) 

659, P'ebruary 7. His copy of the Towne Evidence de- 
clared to be a true copy. {Prov. Rec, iv : 70.) 

659, April 27. Proposes with Field and Arnold to set the 



CALENDAR. 27 

bounds between Providence and Pawtuxet according to 
the " Combination " of 1640. {Prov. Rec, xv : 76.) 
1659, August 15. Receives a confirmation deed to Providence 
and Pawtuxet lands signed by Cussuckquansh and Nene- 
kelah. {Prov. Rec, v : 302.) 

1659, December i. Receives a confirmation deed to Provi- 
dence and Pawtuxet lands signed by Scuttape and Que- 
quaganewett. {Prov. Rec, v : ^o^.) 

1660, January 2y. Request for copies of several town papers 
granted. {Prov Rec, ii : 122.) 

1660, February 20. With others brings suit against town of 
Warwick for cutting plaintiff's grass. (No. 4.) 

1660, March 6. Appointed on committee to report on E. 
Manton's land. {Prov. Rec, ii : 124.) 

1660, March 6. Obtains leave to carry the Towne Evidence 
to Newport to be used in court. {Prov. Rec, ii : 123.) 

1660, March 13. At a Court of Trials in the case of Harris 
et al. vs. the town of Warwick, the jury renders a verdict 
of £2 damage and costs for plaintiffs. {MS. R. I. Colony 
Records, 1646-166^, p. 95.) 

1660, March' 26. Upon his petition, the town of Providence 
owned the Providence-Pawtuxet line to run midway be- 
tween the two rivers twenty miles. {Prov. Rec, ii : 125.) 

1660, April 27. Chosen on committee to take charge of pay- 
ment for confirmation deeds ; also on committee to fix the 
twenty-mile bound. {Prov. Rec, ii : 127.) 

1660, May 22. Deputy to Assembly from Newport[.?]. {R. 
I. C.R.,\,A2^.) 

1660, October i. Moderator of town meeting. {Prov. Rec, 

ii: I33-) 
1660, October 9. Upon a rehearing of case of Harris et al. 

vs. Warwick jury finds for Harris £<\ damage. {MS. R. 

I. Colony Records, id^d-ldOg, p. 98.) 
1660, October 18. Deputy to Assembly from Providence. 

{R. I. C i?., i : 431 ; Prov. Rec, ii : 133.) 
1660, October 27. Assists in drawing up reply to Williams 



28 RHODE ISLAND HISTORICAL SOCIETY. 

concerning the purchase of lands from the Indians. {Prov. 

Rec, ii: 134) 
1661, January 27. Participates in purchase of land at Aqued- 

nesett. {Prov. Rec, ii : 139.) 
1 66 1, April 27. Committee appointed by Providence council 

to meet with Pawtuxet men to run dividing line between 

the two towns. {Prov. Rec, iii : 2.) 

1661, October 8. Has judgment rendered against him in 
rehearing of case of Harris et al. vs. Warwick before the 
General Court. (No. 7.) 

1662, February 18. Granted six acres of land in "the Neck," 
{Prov. Rec, iii : 14.) 

1662, May 22. Deputy to Assembly from Providence. {R. I. 
C. R., i : 468 ; Prov. Rec, iii : 23.) 

1662, June 9. Bought George Way's half share of Providence 
lands. {Prov. Rec, iv : 95.) 

1662, June 17. Deputy to Assembly from Providence. {R. L 
C. R., i : 480.) 

1662, October 14. Brings suit against Burton, Wickes, Har- 
rud et al. for trespass. Jury renders against them a ver- 
dict of guilty, but Court refuses to grant judgment on ac- 
count of a technicality. {MS. R. I. Colony Records, lO^O- 
jdOg, p. 1x8.) 

1662, October 28. Deputy to Assembly from Providence. 
{R. I. C. R., i : 492 ; Prov. Rec, iii : 27.) 

1662, October 28. His case against W. Burton et al. referred 
by the Assembly to the courts of law. {R. I. C. R., 
i : 496.) 

1663, February 28. Receives back from the town clerk the 
accounts of disbursements he had made to the Indians for 
lands. {Prov. Rec, iii : 32.) 

1663, March 7. His two sons testify as to Warwick men cut- 
ting grass upon his and W. Field's meadows at Toskeunk. 
(Nos. II and 12.) 

1663, May 15. Court orders Harrud and others to be exam- 
ined as to Harris's charges. {MS. R. I. Colony Records, 
lO^O-iddg, p. 121.) 



CALENDAR. 29 

1663, August [31]. Signs agreement between the Providence 

and Pawtuxet men that the latter shall pay one quarter of 

the confirmation money. (No. 13.) 
1663, September 28. Petitions the town meeting in behalf of 

Joshua Verin for the restoration of the latter's right of 

land. {Prov. Rec, iii : 40, and No. 14.) 
1663, October 14. Deputy to Assembly from Providence. {R. 

I. C. R.,'\: 504 ; Prov. Rec, iii : 40.) 

1663, November 24. Deputy to Assembly from Providence. 
{R. I. C. R., i : 508 ; Prov. Rec, iii : 44.) 

1664. Early in this year he went to England. (See No. 42.) 
1664, March 8. Court of Trials renders a verdict in his favor, 

with ten shillings damages, in his case against Harrud. 
(No. 17.) 

1664, October 31. His petition referred by the Assembly to 
the next meeting of the court. {R. I. C. R., ii : 86.) 

166$, January 27. Harris et al. petition Providence council for 
survey of the line between Providence and Pawtuxet. 
(Prov. Rec, xv : 105 ; see also No. 20.) 

1665, February 22. Chosen deputy to Assembly from Provi- 
dence. (Prov. Rec, iii : 59.) 

1665, March 31. Pawtuxet and Providence agree upon a divid- 
ing line between the two towns, and commissioners are 
appointed to run it. (Prov. Rec, iii : 60.) 

1665, May [14]. Assembly refers difference between Harris 
and Calverly to Royal Commissioners. (R. I. C. R., 
ii : 106.) 

1666, February 19. Drew share No. 37 in division of land on 
the east side of the " seven-mile line." (Prov. Rec, iii : 72.) 

1666, March 29. His petition to General Assembly, praying 

for execution of judgment against Harrud, granted. (R. I. 

C. R., iii : 143.) 
1666, May 2. Chosen Assistant in the Assembly. (R. I. C. R., 

ii : 147.) 
1666, May 31. Engages allegiance to the King. (Prov. Rec, 

iii : loi.) 
1666, September 4. Appointed by the Assembly on a com- 



30 RHODE ISLAND HISTORICAL SOCIETY. 

mittee to collect money due John Clarke. (R. I. C. R., 
ii : 176.) 

1666, November 14. Writes to Capt. Deane regarding Roger 
Williams. {W. H. Memoranda, p. 1.; R.I. Hist. Soc. Pub., 
viii : 67.) 

1667, April 10. Granted permission to change his land at 
Cold Spring and at Weybosset Plain. {Prov. Rec, iii : 95.) 

1667, April II. Granted land at Ascocanoxsuck. {Prov. Rec, 
i : 36 ; iii : 96.) 

1667, April 27. Moderator of town meeting. {Prov. Rec, 
iii: 95.) 

1667, May I. Petitions the Assembly concerning the serving 
of the execution at Meshantatuck. (See R. I. C. R., ii : 
205, 210.) 

1667, May 2. Chosen Assistant in Assembly and objection to 
his election overruled. {R. I. C. R., ii : 186.) 

1667, May 2. His petition regarding Meshantatuck referred 
to next meeting of Assembly. {R. I. C. R., ii : 205.) 

1667, May 6. Upon Harris's indictment, B. Herenden is ad- 
judged guilty of resisting a constable and fined fifty shil- 
lings. {MS. R. I. Colony Records, id^d-lddg, p. 241.) 

1667, May 9. His share in the fifty-acre division laid out. 
{Prov. Rec, v: 317; xv : 116.) 

1667, June 3. Moderator of town meeting. {Prov. Rec, iii : 
102.) 

1667, June ID. Providence sends to other three towns a letter 
of protest, "The Firebrand Discovered," against Harris. 
(No. 22.) 

1667, June 24. Moderator of town meeting. {Prov. Rec, iii : 
103.) 

1667, July 2. His charge against Fenner and others for riot- 
ous action in town meeting dismissed by the Assembly. 
The town officers chosen by virtue of Fenner' s warrant 
declared legally elected. General Sergeant cleared of 
Harris's charge of neglect of office in not serving execu- 
tion at Meshantatuck, and execution deferred. Harris 



CALENDAR. 31 

fined £$0 and discharged from office of Assistant. (R. I. 
C. R., ii : 200-211.) 

1667, July. Harris writes to Col. Nichols concerning the ac- 
tion of the Assemby. (No. 23.) 

1667, July 24. Col. Nichols writes Gov. Brenton, complaining 
of the action against Harris. {R. I. C. R., ii : 233.) 

1667, July 27. Town of Providence writes Assembly charging 
Harris with riotous proceedings. (Prov. Rec, xv : 117.) 

1667, October 23. Herenden sues Harris and others for tres- 
pass. {MS. R. I. Colony Records, l640-l66g, p. 246.) 

1668, May 6. Re-elected Assistant in the Assembly. {R. I. 
C. R., ii : 223.) 

1668, June I. Warwick protests against election of Harris. 

(Warwick Town Records, quoted in Arnold, i : 335.) 
1668, August 31. Town of Providence sends to the Assembly 

a letter of protest and complaint against Harris. {Prov. 

Rec, XV : 121.) 
1668, October 21. Harris declared by Court of Trials not 

guilty of charge brought by Herenden. {MS. R. I. Colony 

Records, l646-l66g, p. 250.) 

1668, October 29. His fine, in consequence of advice from 
Col. Nichols, remitted. {R. I. C R., ii : 237.) 

1669, January 29. Committee report upon division line be- 
tween Providence and Pawtuxet. {Prov. Rec, xvii : p. 
215.) 

1669, April 26. Warwick writes to the Assembly regarding 

Harris's fine. {MS. Copies of Warzvick Records, p. 8.) 
1669, May 5. Harris re-elected Assistant in the Assembly. 

R. I. C R., ii : 242.) 
1669, May 14. Assembly grants execution in Meshantatuck 

case to Harris according to the verdict of 1663, unless 

the matter be mutually settled before October. {R. I. C. 

R., ii: 253.) 
1669, June 7. Town of Warwick protests and refuses to assist 

in serving execution. ( Wanvick Records quoted in Arnold, 

1:338.) 



32 RHODE ISLAND HISORICAL SOCIETY. 

1669, July 20. Calverly writes to Gov. Arnold concerning 
Meshantatuck matter. (No. 24.) 

1669, August 24. Roger Williams writes to Whipple a long 
and abusive letter concerning Harris. (R. I. Hist. Soc. 
Proc. 1877-78, p. 64 ; R. I. Hist. Tract, xiv : 25.) 

1669, September 13. Warwick writes to Providence, complain- 
ing of Harris. (No. 25.) 

1669, October 18. Town of Warwick sends to the Assembly 
a letter of complaint against Harris. ( Wat-wick Records 
quoted in Arnold, i : 340.) 

1669, December 15. Harris addresses to Providence Council 
a letter of protest against " Dexter's Plaster." (No. 27.) 

1670, May I. His son testifies as to Warwick men resisting 
execution at Meshantatuck. (Nos. 28, 29.) 

1670, May 4. Not elected Assistant, there being doubt as to 

whether he or Fenner was chosen. {R. I. C. R., ii : 302.) 
1670, June 6. Chosen a member of town council. {Pi'ov. 

Rcc, iii : 152.) 
1670, July. Has controversy with Wm. Carpenter over land 

at Spectacle Meadow. (Nos. 30, 31, 32.) 
1670, October 21. Obtains testimony as to length of Woonas- 

quatucket River. (No. 33.) 

1670, November 10. Deeds land on Pocasset River to his son 
Andrew. {Ptvv. Rec, xiv : 60.) 

1671, May 3. Chosen General Solicitor. {R. I. C. R., ii : 375.) 
1671, June 5. Appointed town surveyor. {Prov. Rcc, iii : 200.) 

1671, November 27. Requested to draw up grievances as to 
colony tax. {Prov. Rcc, iii : 204.) 

1672, [February]. Writes a long argument in favor of Con- 
necticut's claim to the Narragansett territory. (No. 34.) 

1672, February 24. Arrested by order of the Assembly for 
speaking and writing against the Charter. {R. I. C. R., 
ii : 429.) 

1672, April 2. His petition to the Assembly refused a reading 
through being improperly directed. {R. I. C. R., ii : 435.) 

1672, August 9. Attends debate between Williams and the 



CALENDAR. 33 

Quakers at Newport. {G.Fox diggd out of his Biwrowes, 

P- 37) 
1672, August 17. Attends continuation of the debate at Provi- 
dence. (G. Fox, p. 205.) 

1672, October 30. Deputy from Providence to Assembly. 
{Prov. Rec, iii : 225 ; R. I. C. R., ii : 465.) 

1673, May 7. Chosen Assistant in Assembly. {R. I. C. R., 
ii : 484.) 

1675, April 12. Drew share 53 in lands west of "seven-mile 

line." {Prov. Rec, iv : 46.) 
1675, April 26. Writes Sir Joseph Williamson and others con- 
cerning redress from the King. (Nos. 35, 36, 37.) 
1675, April 29. Writes an account of New England for the 

use of English officials. (No. 39.) 
1675, May 24. Drew share 41 in second division of lands east 

of "seven-mile line." {Prov. Rec, iv : 48.) 
1675, June II. Addresses several petitions to the King, which 

are referred to the Committee for Plantations. (Nos. 40, 

41, 42.) 
1675, August 4. Committee for Plantations report on the 

Harris case. {Cal. of State Papers, Am. & W. I., iSy^-yd, 

p. 261.) 

1675, August 4. The King commands the New England 
Governors as Commissioners to appoint an impartial jury. 
{Conn. Col. Rec., ii : 586.) 

1676, January. Returns to New England at about this time. 
(Hutchinson, Coll. State Papers, p. 506.) 

1676, May 3. Chosen Assistant in the Assembly. {R. I. C. 

R., ii : 542,) 
1676, June 19. Appointed on a committee to choose a suitable 

garrison at Providence. {R. I. C. R., ii : 546, 572.) 
1676, July 3. Petitions Newport council for administration on 

his sister's estate. (No. 45.) 

1676, August 12. Writes to Williamson concerning the Indian 
uprising. (No. 46.) 

1677, February 8. Connecticut Council signifies to Harris its 



34 RHODE ISLAND HISTORICAL SOCIETY. 

readiness to attend to the King's command. {Conn. Col. 

Rec, ii : 487.) 
1677, June 4. Receives power of attorney from Field and 

Waterman, Pawtuxet proprietors. (No. 47.) 
1677, June 4. Chosen on Providence town council. {Prov. 

Rcc, viii : 17.) 
1677, June 6. Gov. Leverett writes Gov. Winslow concerning 

Harris's application for a Commission. (No. 48.) 
1677, June 9. Gov. Winslow writes that Hinckley and Cud- 
worth are the Plymouth appointees. (No. 49.) 
1677, June 12. Writes to Gov. Leverett stating his complaints. 

(See No. 51.) 
1677, June 23. Gov. Arnold writes that Sanford and Greene 

are the R. I. appointees. (No. 50.) 
1677, July 3. Gov. Leverett writes Gov. Winslow concerning 

the appointment of a Commission. (No. 51.) 
1677, July 6. Gov. Leete notifies Gov. Leverett that Richards 

and Palmes are to be the Connecticut appointees. (No. 52.) 
1677, August 6. Harrud writes Calverly to appear in defence 

of his claim. (No. 53.) 
1677, August 16. Gov. Leete appoints Allyn and Palmes on 

the Commission. (Hinman, Antiq. of Conn., p. loi.) 
1677, August 22. First meeting of Commissioners at Pawtuxet. 

Primary organization effected. {Conn. Col. Rec, ii : 588.) 
1677, September i. Answer to Harris's "bill," as drawn up 

by a committee, accepted by town of Providence. {Prov. 

Rec, viii : 19.) 
1677, September 17. Harris writes to Gov. Winslow concern- 
ing the approaching meeting of the Court. (No. 53^.) 
1677, September 17. Writes to Gov. Winslow asking that 

William Randall may be summoned to answer charge of 

trespass. (No. 54.) 
1677, September 22. Gov. Winslow writes to Gov. Hinckley 

concerning another meeting of the Commissioners. (No. 

55.) 
1677, September 29. Gov. Arnold writes to the Commis- 
sioners concerning the approaching meeting. (No. 56.) 



CALENDAR. 35 

1677, October i. Holden and Greene appointed attorneys for 

Warwick. ( Warwick Records quoted in Arnold, i : 434.) 
1677, October 3. Court meets and adjourns to November 17. 

(No. 57.) 
1677, October 12. Addresses to the Court his declaration 

against Calverly et al. (No. 58.) 
1677, October 13. Addresses to the Court his declaration 

against the Town of Warwick. (Rider's R. I. Hist. Tract, 

ser. 2, no. 4, p. 85.) 
1677, October 13. Addresses to the Court a declaration 

against the Town of Providence. (Rider's Hist. Tract, 

ser. 2, no. 4, p. 87.) 
1677, October 15. Addresses to the Court a declaration 

against the Town of Providence. (No. 59.) 
1677, October 18. Roger Williams addresses to the Court a 

reply to Harris. {Narragansett Chib Pub., vi : 387 ; Prov. 

Rec, XV : 162, where it is dated August 18.) 
1677, October 27. Town of Providence chooses three men to 

answer summons of Harris. {Prov. Rec, viii : 21.) 
1677, November 17. Addresses a general petition to the 

Court. (No. 60.) 
1677, November 17. Addresses to the Court a declaration 

against Towers. (No. 61.) 
1677, November 17. Addresses to the Court a plea covering 

all his cases. {R. I. Hist. Soc. Pub., i : 185.) 
1677, November 17. Submits to the Court various bills of 

costs. (Nos. 62, 63, 64, 65, 66.) 
1677, November 17. The answer of the Providence men to 

Harris's charges. (Nos. 67, 68.) 
1677, November 17. The answer of Roger Williams to Har- 
ris's charges. (Rider's Hist. Tract, no. 14, p. 52.) 
1677, November 17. The answer of Calverly in behalf of 

Harrud et al. (No. 69.) 
1677, November 17-24. Proceedings of Court. Harris ob- 
tains a verdict in his favor in each case. (No. 70.) 
1677, November 19. Testimony given as to length of Woon- 

asquatucket River. (No. 71.) 



36 RHODE ISLAND HISTORICAL SOCIETY. 

1677, November 19. Sixteen of the Providence proprietors 
protest against continuing the controversy with Harris. 
{Some IV. H. Memoranda, p. 6.) 

1677, November 22. Answer of Dexter and Fenner to Harris 
in regard to damages. (No. 72.) 

1677, November 24. Court orders Providence to run line be- 
tween Woonasquatucket and Pawtuxet Rivers as far as a 
thwart hne from head of former river to latter river. 
(Prov. Rec, viii : 46 ; xv : 174.) 

1677, November 24. Court orders Town Sergeant to deliver 
possession of lands on south side of dividing line to Paw- 
tuxet proprietors. (No. 73.) 

1677, November 29. Warwick appoints Holden and Greene to 
proceed to England to protest the verdict. {Wat wick 
Records, quoted in Arnold, i : 434.) 

1677, December 24. Providence appoints three men to view 
the head of Woonasquatucket River. {Prov. Rec, viii : 21 ; 
XV : 175.) 

1677, December 31. Warwick writes to Providence concern- 
ing her northern line. {Prov. Rec, xv : 176.) 

1678, April 6. Harris proposes a mutual survey of the head 
of Woonasquatucket River. (No. 74.) 

1678, April 15. Harris writes to Gov. Hinckley concerning 
his inability to obtain execution of the verdicts. (No. 75.) 

1678, April 27. Providence accepts the return of the com- 
mittee and orders that John Smith survey the line. {Prov. 
Rec, viii : 28.) 

1678, [May 8]. Town appoints Fenner as attorney to the ad- 
journed meeting of the Court on May 23. {Prov. Rec, 
viii : 29.) 

1678, May 21. Olney and Whipple write the Court that the 
line has not yet been run. (No. 76.) 

1678, May 23. Harris petitions the Court for execution of 
previous verdicts. (No. yy.) 

1678, May 24. Court meets in Boston, but owing to absence 
of Connecticut members, adjourns until June 18 to Provi- 
dence. (No. 78.) 



CALENDAR. 37 

1678, June 3. In Providence town meeting it is voted that 
John Smith attend the approaching meeting of the Court 
"to vindicate his Act in reference to y^ Map." {Prov. 
Rec, viii : 31.) 

1678, June 18. Harris petitions the Court concerning the 
thwart hne and dividing Hne. (No. 79.) 

1678, June 18. Roger Wilhams writes Gov. Hinckley con- 
cerning the Harris case. {R. I. Hist. Soc. Pub., viii : 157.) 

1678, June 18. Court meets at Providence and adjourns with- 
out action until October i. (No. 80.) 

1678, June 19. Court summons Connecticut jurors to be pres- 
ent at its next meeting. (No. 81.) 

1678, [July 17]. H olden and Greene address a petition to the 
King concerning Harris. (5 Mass. Hist. Soc. Coll., i : 505.) 

1678, July 30. Committee for Plantations receive a reply from 
Stoughton and Bulkley, the Massachusetts agents, to the 
complaint of Holden and Greene. (No. 82.) 

1678, July 30. Holden and Greene reply to Stoughton and 
Bulkley. {Cal. State Papers Col., Am. & W. I., idyjSo, 
no, 767.) 

1678, July 30. Committee for Plantations take petitions into 
consideration. {Cal. State Papers Col., Am. & W. I., 
l6jjSo, no. 768.) 

1678, August 15. Harris addresses to Sergeant Steele a query 
concerning descent of estates. (No. 83.) 

1678, September 7. Samuel Winsor arrested for assault upon 
Harris. {Prov. Rec., xv : 182.) 

1678, October i. Harris presents a petition to the Court 
meeting at Providence by adjournment. (No. 84.) 

1678, October 3. The R. I. Commissioners protest the action 
of the Court on account of the absence of a Connecticut 
member. (No. 85.) 

1678, October 5. Gov. Leverett sends to England the Court's 
proceedings in the Harris case. (No. 86.) 

1678, November 27. Gov. Cranston sends to the King the 
proceedings in the Harris case. {Cal. State Papers Col., 
Am. & W. I., i6yy-8o, no. 836.) 



38 RHODE ISLAND HISTORICAL SOCIETY'. 

1678, December 4. Harris draws up his will. {Prov. Rec, 
vi : 56.) 

1678, December 4. Harris gives power of attorney to two of 
his children. (No. 87.) 

1679, January 2. Committee for Plantations advise that War- 
wick be undisturbed until Harris establishes his title be- 
fore King in Council. (Cal. State Papers Col., Am. & W. 
I., i6yy-8o, no. 858 ; see also No. 95.) 

1679, January 31. Order in Council that Warwick be un- 
disturbed, and that Harris and partners have peaceable 
possession of Pawtuxet. {Cal. State Papers Col,, Am. & 
W. I., idyy-So, no. 872.) 

1679, May. Harris arrives in England at about this time. {R. 
I. C. R., iii : 67 ; Cal. State Papers Col., Am. & W. I., 
idyy-So, no. 1005.) 

1679, [May]. Harris petitions the King in answer to Holden 
and Greene. (No. 88.) 

1679, June 19. Committee for Plantations advise that Harris- 
Warwick case be referred to New Plymouth for determi- 
nation and that Harris have possession of his lands ac- 
cording to the order of January 31. {R.I. C.R.,'n\\ 66.) 

1679, July I. Harris assessed a tax of 15s. 7>^d. {Prov. 
Rec., XV : 188.) 

1679, July I. New Plymouth sends to King letter of October 
5, 1678, which, being wrongly addressed, had been returned 
to New England. {Cal. State Papers Col., Am. & W. I., 
idyySo, no. 1042.) 

1679, July 2. Board orders that Committee's report of June 19 
be prepared for King's signature. {R. I. C. R., iii : 6y.) 

1679, July 4. Roger Williams writes to Hinckley regarding 
Harris. (4 Mass. Hist. Soc. Coll., v : 29.) 

1679, July 7. Secretary Allyn, in a letter to Saffin, mentions 
Harris as agent of Connecticut. {Conn. Col. Rec., iii : 
274.) 

1679, July 9. King orders New Plymouth to decide upon 
Harris's case with Warwick, and to enforce the rest of 



CALENDAR. 39 

the verdicts if neglected by Rhode Island. {Prov. Rec, 
XV : 191.) 

1679, September 25. Harris writes New Plymouth in regard 
to the King's order. (No. 89.) 

1679, September 29. Richard Smith, in a letter to England, 
mentions Harris as having returned to Narragansett. 
(No. 90.) 

1679, September 30. At a meeting of the Governor and 
Council of Rhode Island the King's orders are con- 
sidered and notice sent to those affected by the ver- 
dicts. (No. 91.) 

1679, October 9. Connecticut informs the King of the ap- 
pointment of Harris as her agent for Narragansett 
Country. {Conn. Col. Rec, iii : 278 ; see also iii : 38.) 

1679, October 15. Harris chosen Deputy to Assembly from 
Providence. {Prov. Rec, viii : 59.) 

1679, October 25. Stephen Arnold testifies as to Pawtuxet 
and Toskeunk. (No. 92.) 

1679, October 25. Sanford and Coggeshall testify as to former 
verdict of Court. (No. 93.) 

1679, October 28. At a meeting of the Governor and magi- 
strates of Plymouth, Harris makes his plea in behalf of the 
Pawtuxet purchasers. (No. 94.) 

1679, October 28. Holden and Greene make their plea in be- 
half of the Warwick purchasers. (No. 95.) 

1679, November i. The parties in the case inform the Ply- 
mouth Court what persons they represent. {Plym. Col. 
Rec, vi : 22.) 

1679, November 2. Gov. Winslow writes to the King of his 
decision in favor of Harris as against Warwick. (No. 96.) 

1679, November 3. Governor and Council of Rhode Island 
send notice to Providence men to appear at their next 
meeting. (See No. 91.) 

1679, November 15. Providence chooses three men to attend 
Council at Newport, although the vote is protested. {Prov. 
Rec, viii : 60.) 



40 RHODE ISLAND HISTORICAL SOCIETY. 

1679, November 17. Governor and Council appoint John 
Smith, marshal, to see that the first and last three ver- 
dicts are executed in Harris's favor. (See No. 91.) 

1679, November 21. Harris declares the willingness of Paw- 
tuxet men to assist marshal. (Rider's Hist. Tracts, ser. 
2, no. 4, p. 97.) 

1679, November 21. Warwick men protest to Governor and 
Council against granting execution beyond Pachasset 
River. (No. 97.) 

1679, November 24. Clark and Ward protest against appoint- 
ment of Smith as marshal as being prejudiced. (No. 98.) 

1679, November 24. Smith takes oath before Governor and 
Council for faithful performance of duty. (See No. 91.) 

1679, December i. Harris writes instructions as to manner of 
execution. (No. 99.) 

1679, December 2. Assembly grants Harris reimbursement 
for colony expenditure which had several times before 
been refused. (^R. I. C. R., iii : 75.) 

1679, December 4. Smith goes to Pawtuxet to give Harris 
execution, but nothing results on account of disagreement 
as to method of procedure. (See No. 91.) 

1679, December 15. At a meeting of the Governor and Coun- 
cil, Smith makes his return, asserting that the plaintiffs 
refused to point out the lands according to the verdict. 
(See No. 91.) 

1679, December 15. Connecticut empowers Harris to act as 
her agent in England for the Narragansett lands. {Cal. 
State Papers Col., Am. & W. /., idyy-So, nos. 1225, 1226.) 

1679, December 17. Gov. Cranston writes Gov. Winslow that 
Rhode Island has attempted to grant execution to Harris. 
{R. I. Hist. Soc. Pub., vi : 108.) 

1679, December 25. Harris sails for England. {Cal. State 
Papers Col., Am. & W. I., l6jJ-8o, no. 1487.) 

1680, January i. Governor and Council of Rhode Island send 
report of their proceedings to King. (See No. 91.) 

1680, January 6. Gov. Cranston writes to King concerning 
the action taken by Rhode Island. {R. I. C. R., iii : 78.) 



CALENDAR. 41 

1680, January 24. The vessel in which Harris was sailing cap- 
tured by an Algerine corsair. (See No. loi.) 

1680, February 23. Harris sold in Barbary as a slave and kept 
in prison for over a month. (See No. loi.) 

1680, April 4. Writes Brinley from Algiers that about ^300 
is demanded from him as a ransom. (No. 100.) 

1680, April 6. Writes to his family concerning his trouble and 
urging them to procure his ransom. (No. loi.) 

1680, April 17. Writes to Connecticut concerning his ransom. 
(No. 102.) 

1680, May 5. Assembly suspends order of December 2, 1679, 
for Harris's reimbursement. (R. I. C. R., iii : 88.) 

1680, May 10. Writes to his family concerning his captivity. 
(No. 103.) 

1680, May 14. Connecticut Assembly approves of Governor's 
action in obtaining Harris as agent and also grants Mrs. 
Harris £$ for relief in her husband's absence. {Conn. Col. 
Rec, iii : 51-52.) 

1680, June. Connecticut first receives tidings of Harris's cap- 
tivity. {Conn. Col. Rec, iii : 304.) 

1680, [June]. Writes to his family about this time chiefly con- 
cerning their spiritual welfare. (No. 104.) 

1680, July 3. John Stokes of London writes to Howlong 
Harris regarding her father's capture. (No. 105.) 

1680, July 15. Connecticut offers to give at least ^50 toward 
Harris's redemption. {Conn. Col. Rec, iii : 290.) 

1680, August II. Secretary Blathwayt writes Wharton from 
London regarding Harris's ransom. (No. 106.) 

1680, August 22. Harris writes to his family regarding his 
ransom. (No. 107.) 

1680, September 2. Brinley writes Mrs. Harris complaining 
of her lack of appreciation of the efforts of her friends. 
(No. 108.) 

[1680, September.] Wharton writes Mrs. Harris^ concerning 
her husband. (No. 109.) 

1680, October 2. Connecticut magistrates write Harris of 
their efforts for his redemption. {Conn. Col. Rec, iii : 304.) 



42 RHODE ISLAND HISTORICAL SOCIETY. 

1680, October 14. Connecticut orders ;^300 to be raised for 

Harris's redemption. {Conn. Col. Rec, iii : 72.) 
1680, October 14. Mrs. Harris appoints an attorney to treat 

with Brinley regarding her husband's redemption. {Prov. 

Rec, XV : 214.) 
1680, October 25. Brinley writes Smith concerning Harris's 

redemption. (No. 110.) 
1680, October ly. Assembly grants Harris reimbursement of 

;^20 for colony expenditures. {R. I. C. R., iii : 94.) 
1680, October 30. Wharton writes Mrs. Harris concerning 

the ransom. (No. iii.) 

1680, November 22. Connecticut magistrates write Narragan- 
sett proprietors concerning Harris and of his desire for 
certain papers. (Conn. Col. Rec, iii : 305.) 

1 68 1, January 26. John Allyn writes to Wait Winthrop con- 
cerning Harris's redemption. (6 Mass. Hist. Soc Coll., 
v: 8.) 

1681, May 29. Wharton writes Mrs. Harris a letter of friendly 
advice concerning family matters. (No. 112.) 

1681, June 3. Secretary of Massachusetts, in a letter to Sir 
Lionel Jenkins, refers to Harris's captivity. {Cal. State 
Papers Col., 1681-85, no. 126.) 

1681, August 2. Wharton writes Mrs. Harris that her hus- 
band has been ransomed. (No. 113.) 

1681, October 13. Connecticut Court appoints two men to 
visit Mrs. Harris and, if need be, to grant her ;^io. {Conn. 
Col. Rec, iii : 90.) 

1681, December 3. Wharton informs Mrs. Harris of her hus- 
band's death three days after his arrival in London. (No. 
114.) 

1681, December 21. Brinley writes Mrs. Harris concerning 
her husband's affairs. (No. 115.) 

1682, January 12. Mrs. Harris urges her son Andrew to act 
jointly with her in settling Harris's estate. (No. 116.) 

1682, January 21. Inventory of Harris's estate. {Prov. Rec, 

vi : 75-89-) 
1682, February 20. Harris's will, dated December 4, 1678, ap- 



CALENDAR. 43 

proved by the Providence Council. (Prov. Rec, vi : 34 
48-58.) 

1682, September 12. Carpenter and others petition for con- 
firmation of award of arbitrators of Pawtuxet land of June 
15, 1657. (No. 117.) 

1682, November 15. Providence appoints a committee to ad- 
just difference with Pawtuxet. {Prov. Rec, viii : 120.) 

1682, November 18. Gov. Hinckley writes to Blathwayt in 
Harris's behalf. (4 Alass. Hist. Soc. Coll., v : 82.) 

1682, November 27. Pawtuxet proprietors protest against 
award of arbitrators. {Prov. Rec, xiv : 145.) 

1683, January 16. Pawtuxet and Providence committees agree 
that the western boundary of Pawtuxet shall extend to the 
seven-mile line, and the northern boundary to a line drawn 
from Mashapaug to a point on the seven-mile line midway 
between the Woonasquatucket River and the southern 
bounds of the purchase. {Prov. Rec, iv : 73 ; xv : 236.) 

1683, April 27. Providence approves committee's report and 

orders lines to be run. {Prov. Rec, viii : 130; xvii : .) 
1683, October 31. Waterman and Field petition Assembly for 

execution of verdicts concerning Pawtuxet. (No. 118.) 
1683, November i. Olney and others testify that Smith, as 

marshal, on December 4, 1679, did not act according to 

verdict. (No. 119.) 

1685, May 14. Connecticut Court accepts account of .^289 
9s. 7d. for Harris's ransom. {Conn. Col. Rec, iii : 169.) 

1686. Treasurer of Connecticut draws up an account showing 
an expense of ^^459 17s. id. for Harris's ransom. (No. 
120.) 

1686, May 12. Pawtuxet proprietors bond themselves to resist 

award of arbitrators of 1657. {Prov. Rec, xiv : 147.) 
1686, June 25. Pawtuxet proprietors make Nathaniel Thomas 

their attorney. (No. 121.) 
1686, July 6. Pawtuxet proprietors petition Gov. Hinckley to 

enforce verdicts obtained by Harris. (No. 122.) 
1686, September 28. Brinley writes Mrs. Harris concerning a 

codicil to her husband's will. (No. 123.) 



44 RHODE ISLAND HISTORICAL SOCIETY. 

1686, December 14. King receives from Pawtuxet proprietors 
petition for a final determination of whole controversy by 
a general governor. (R. I. C. R., iii : 209 ; Cal. State 
Papers CoL, Am. & W. I., 1685-88, no. 1060.) 

1687, February 19. Olney and Whipple testify as to proposi- 
tions of Wickes concerning Pawtuxet. (No. 124.) 

1687, February 21. Pawtuxet men write instructions to Thomas. 

(No. 125.) 
1687, July 14. Thomas writes Pawtuxet men as to advisability 

of procuring a new charter. (Rider's Hist. Tracts, ser. 2, 

no. 4, pp. 108, 126.) 
1689, March 8. Pawtuxet men write instructions to Thomas. 

(No. 126.) 
1689, [March]. Thomas petitions Sir Edmund Andros for a 

determination of Pawtuxet controversy. (No. 127.) 
1689, May 4. Pawtuxet proprietors divide their lands according 

to agreement of 1682. {Prov. Rec., iv : 147.) 
1694, March 28. James Fitch writes Mrs. Howlong Harris 

Fenner concerning Connecticut's efforts for Harris's re- 
demption. (No. 128.) 

1697, March 23. Rhode Island Assembly decrees that the 
north side of the Pawtuxet River, as far as its southern 
branch, shall be the southern boundary of Providence, but 
only as to jurisdiction. {R. I. C. R. iii: 323; see also 
protest from Warwick in MS. Copies of Wat wick Records, 
p. 33, in R. I. H. S. Lib'y.) 

1698, July 27. Providence orders that the dividing line between 
Providence and Pawtuxet be run and the seven-mile line 
extended southward. {Prov. Rec, xi : 43.) 

1699, November 2 1 . Assembly orders that ;^20 previously due 
to Harris be paid to Arthur F'enner. {R.I.C.R. iii : 384.) 

1704. Thomas writes to Pawtuxet men regarding prospective 
success of the case in England. (Rider's Hist. Tracts, 
ser. 2, no. 4, p. 109.) 

[1705]. Pawtu.xet proprietors petition Queen Anne that previous 
judgments in favor of Pawtuxet be executed. (No. 129.) 

1705, December 18. Queen approves of Pawtuxet men's peti- 



CALENDAR. 45 

tion and orders Rhode Island to explain why verdicts were 

not executed. (No. 130.) 
1706, February 11. Upon petition of Pawtuxet proprietors, 

Providence appoints a committee to run .seven-mile and 

dividing lines. {Prov Rcc, xi : 105.) 
1706, June 10. W. Hopkins and J. Arnold testify that Smith, 

as marshal, on December 4, 1679, did not act according to 

verdict. (Nos. 131, 132.) 
1706, June 12. Pawtuxet proprietors appoint Chamberlain as 

English agent. (No. 133.) 

1706, September 14. Rhode Island Assembly sends a reply to 
the Queen's order of December 18, 1705. (R. /. C. R., 
iii-: 559.) 

1707, June 12. Chamberlain writes as to failure of Pawtuxet 
case in England. (Rider's Hist. Tract., ser. 2, no. 4, p. i lo.) 

1707, August 4. Joseph Williams and others petition proprie- 
. tors to increase the committee chosen to run the hne. 

(JProv. Rec, xvii : .) 
1707, August 4. Proprietors receive a petition that the line 

shall run due north and south seven miles from Foxes' 

Hill. {Prov. Rec, xvii : .) 

1707, November 7. Pawtuxet committee assures proprietors of 
its readiness to act. (Prov. Rec, xvii : .) 

1708, May 4. Howlong Harris Fenner makes a declaration 
to the Court at Newport regarding early Pawtuxet affairs. 
{R. I. Hist. Soc Pub., iv : 195.) 

1708, September 20. Thomas Fenner petitions proprietors to 
appoint a new committee to run the line. {Prov. Rec, 
xvii : .) 

1709, July II. Pawtuxet committee petitions proprietors to 
appoint commissioners. {Prov. Rec, xvii : .) 

1 7 10, August 28. Pawtuxet men petition proprietors to ap- 
point commissioners to run line. {Prov. Rec, xvii : .) 

171 1, May. Line run between Providence and Pawtuxet by 
order of Providence proprietors. (No. 134.) 

1 71 2, March 3. Committees from Providence and Pawtuxet 
fially agree upon line. {Prov. Rec, xvii : .) 



Harris Papers 



[The location of the original of each document is given 
within brackets at the end of the document itself . Those doc- 
uments marked as Cushntan Papei's are from the collection of 
family papers owned by Mrs. Mary Harris Cushman, a lineal de- 
scendant of William Harris. Those marked Harris Papers 
are from the volume of manuscripts so labeled in the library 
of the Rhode Island Historical Society. The Moses Brown 
Papers and Copies of Warwick Records, each containing a few 
Harris documents, are also owned by the Society. The Har- 
ris papers in English Archives have been copied from the 
originals in the British Public Record Office, with the excep- 
tion of a few which are printed from the volumes of tran- 
scripts in the John Carter Brown Library.] 



1 

Verdict; Harris vs. Cole & Carpenter, 31 July, 1650. 

Endorsed by Harris: — Verdict & Judg[ment] I optayned 
against those y' oposed my right & title in patuxet bearing 
date y^ 31, 5S 1650 in y« Jurisdiction of Massachusets 

At a Court held at Boston 31°, 5"'", 1650. 

Robert Cole and William Carpenter * pl*^ against William 
Harris in an action of trespass for marking trees upon theire 



*Cole and Carpenter were two of the Pawtuxet settlers who had sub- 
mitted themselves to Massachusetts in 1642. Together with William 
Arnold, on January 30, 1641-42, they had purchased of Socanonoco, 
Sachem of Pawtuxet, all the land between the Pawtuxet, Pocasset, 
Woonasquatucket and "great salt" rivers (^Suffolk Deeds, i: 63). This 
land, however, had been included in the original purchase made by Roger 
Williams of the chief sachems in 1638. 



48 RHODE ISLAND HISTORICAL SOCIETY. 

land and for a peice of Marsh purchased of Socononoco. 
W"". Arnold confessed that Harris did pay his part of the pur- 
chase : The Court ordered there should be a division of the 
Land. Jury found for the Defend', but the Defend', desired 
no costs. 

This is a true Coppie taken out of the Records of the 
County Court of Suffolke. 

as attests 

J/. Addington, Clerk, 1677. 

[Cushman Papers.] 



Indian Deed to Harris, 3 April, 1657. 

Providence [3'^] 2"'"^ 1657. 
These bear witness that I Moscompowes : and I Twopowes, 
asent to the acts of Myantenomye to the 13 men : and the 
Convayance of the land, Called pawtucksette to them ; as 
allso that of Apautuck and Achetonsick, of that deed of scale 
to William Harris ; and allsoe we hereby upon Good con.sider- 
ation ; and sattisfactione reseved in Cloath, sell and confirme 
to William Harris, that Righte of ours, namely Two of the 
thirteene parts in all the sayd lands up the streame of pau- 
tucksette River, about eighte miles more or les, to the side of 
Providence lands one the north ; and, or, one any other poynte, 
The bound shall ly upon, in the devisione betweene the land 
aforesayd, all the aforesayd lands ; with the apurtenances, we 
sell to William Harris his heires and asignes forever : and 
hereby binde our heires : and asignes, not to molest nor trou- 
ble his, in the aforesayd lands for ever ; allsoe we asent to and 
confirme the act of scale, that Canonacoe made to Roger Wil- 
liams, of the sayd land for the thirteene purchasors : These 
lands aforesayd we say we have soulde to William Harris. 



HARRIS PAPERS. 49 

wittness our hands. That wee will not molest the purchasers 
within the lands above sayd and that the purchasers shall not 
hinder the sayd sellers of the land from their planting as for- 
merly for time to time 

Signed & delivered X [mark] 

in presence of us 
Thomas Harris 
Jo" Sayles X [mark] 

[From copy made by George T. Paine.] 



Harris to W. Arnold and others, 25 December, 1657. 

Endorsed by Harris : — A Coppy : of a paper, sente. To 
Will Arnalld : & y^ Rest Opening, y^ true Intente, of y^ Agree- 
mente of The Arbytrators Will Hathhorne Elyezer Lusher 
John Easton Joseph Torry Aboute Patuxette.* Shewing & 
reasoning A defference with w Carpenter, Z Roadss & Will 
Arnold aboute an arbytration or y^ award which they will not 
truly but frauddelently understand 

for. Will Carpenter, will A, & Zach Rhodes 

i, firste, My willingnes. To devide, y*= land. 

2, And how, devide it. 

3, And why, soe devide it. 



*This refers to an award as to Pawtuxet lands made during the pre- 
ceding June (see Prov. Rec. xv: 94). It gave to William Carpenter, 
Zachary Rhodes, and William Arnold three parts out of four of the land 
east of the Pocasset River, and to the rest of the thirteen purchasers the 
remaining fourth part and the land on the west side of the Pocasset 
river, certain exceptions being made in both divisions. 



50 RHODE ISLAND HISTORICAL SOCIETY. 

firste, I am, Allwayes Ready, to devide, because, by de- 
vitione, of y« same, Each man, shall posses, his Owne 

2ly, And be, in y« better, Capatity, to posses, whomsoever, 
he shall see Good Reasone to posses, with y' same after hem. 

And, for many Reasons beside. 

2ly, Thus I am willing, to devide. Three parts, of 4 to 
Will Carpenter, Will Arnald, & Zach Rhoades, Provided, y' 
This shall not prejudice, y^ five, Acreas, Rights, Nor A six 
Acrea Righte, Nor, Any Possessers, of Medow, within, y^ 
Tracte aforesayde, And, Reserveing y^ vinyarde : And, y« 
Litle Necke to y^ 13 Purchasers, Allsoe, Excepting, y^ land of 
Johne Sailes, If it, or soe much, of It as shall fall within y^ 
tracte aforesayde, youres, or cures, And, Allsoe, to me, my 
share, within y^ Tracte aforesayd 

Ob And, where as you say, Will A, & Zac Rho, y* you 

are to have 3 parts (beside y^ Exseptions,) & Reservations, &c. 
but, Will Carp Admitts, some Exseptions 

A To all which, I Answer, & firste, to your firste, Ar- 

guemente, In will Ar bowse, (will Carp, was not There, It 
was an Argumente of Admiratione, y' any man should under- 
stand, y^ writting, but, as you did, to which, I say, I Cannot, 
become, such a foole, by such a Reasone, as, to thinke, you 
cannot er, since formerly, you have, soe much mistooke. And, 
notwithstanding, you, soe say, I Cannot thinke you soe sim- 
ple, soe, to beleve, &, whether, my Reasone, be not, as Rea- 
sonable, as youres, considerii*ig, In our former defferences, 
you, were mistakene. And not I, That Judg. 

2 Ob Where as, you say. If, y^ exseptiones, be any 

parte, of y^ 3 parts, what, shall you have then ? (you say.) 

A I answer, 3 parts, of 4, y^ exseptions, y* fall, 

within, your 3 parts, off your 3 parts, Counte, And, y^ exsep- 
tions, y' fall, within, our 4*"^ are, of our, 4*^ parte, Counte. 

2ly we say, your Rights, are but 4, yet have 3 parts, of 4, 
parts The exseptions, exsepted. 

And, we are 9, and have 9 Rights, &, but, a fourth parte, & 
y^ exseptions, exsepted, alsoe, &, In our 4'h : & without your 
tracte, are these shares oi medow, Rich Wa Ro W', R C & 



HARRIS PAPERS. 51 

ffrances Westo y' was, & Will Arii,* &, how much more I 
cannot tell 

3ly Consider, y« Conveniency, of your land 

4ly, y^ worth, how land, is there sowld, whereas land. Re- 
mote with us, bears noe such price, therefore, not of such 
worth only. In, maybe, we cannot tell when, 

3 ob you say, we have y' land, above pachasett 

A I Answer, you disclaimed, our Titulle to it, & 

therefore, your owne Titull, Thoughe, we Reasoned, with 
you, to owne it, 

2ly To, prevente, such, as might Circomvente, I made a 
second Purchas, of such, as yourselves. Owned, for y^ Owners, 
of y* land 

3ly, yourselves say, we shall not possess it, because, of y^ 
Indeans, upone it, 

4ly If we doe, It will be Chargable & troublesome 

5ly our Catle, are lyable, to spoyle, in y^ use of it, with In- 
deans traps all which Concidered, you have noe reasone, to 
complaine, & thus your objections are answered breefly 

3ly And now thirdly. Why, so devided, namely your- 

selves 3 parts, with y« exseptions. The writing, of y" Arbytra- 
tors. Intending soe, from these words, firste, In y^ 24 line, y^ 
land weste, of Pochasette River, shall, belong to y*^ 13, pur- 
chasers, exsepting, will Arn &c, now concider If Those ex- 
septed out of y^ 13, shall yet be, there, of the 13, Then, you 
will will, have a parte there, with us, allsoe, but. In as much, as 
you, are there numbered, with y^ 13, but yet, being exsepted, 
not of y^ 13, (to possess there) yet there called one of y^ 13, 
for, without you, is not 13, soe likewise y^ exsepted lands y' 
falls within, your 3 parts, Counted, with your 3 parts, yet not off, 
your 3 parts, (Thoughe Joyned, in your 3 parts Counte, or 
Number 

2ly we Reasone from, a pasage. In y^ 26 line, where are 



*The names to which these abbreviations refer are undoubtedly Rich- 
ard Waterman, Robert Westcott, Robert Coles, Francis Weston, and 
William Arnold. 



52 RHODE ISLAND HISTORICAL SOCIETY. 

these words, Never-yMess, Reserveing to Will Carp &c, yet, 
in y" 24 line, it is saycl, all y^ land west y^ 13s &c now here, y« 
land is called all oures yet, Reserveing, to Will Carp a necke, 
soe y' then from hence we reason thus, As all above, or 
weste, of Pachasett, is our land, soe 3 parts is youres below, 
but, out of our, all, is Reserved, will Carp Necke, 81 soe his 
necke is cutt off, from our all, elc, our, all, would Cutt off, all 
his neck, & being reserved, it is taken out off our, all, soe 
likewise, all y^ exseptions. In your, 3 parts, off, your 3 parts, 
yet, to be taken out, as will Cs necke, out off our. All (above 
Pachasett) 

3ly As Zach Roh his medow, is of our, all ; soe y^ exsep- 
tions, within your 3 parts, is of your 3 parts, but, his. Is 
Counted, with oures, yet, not off oures, soe y^ exseptions, 
Counted, in your 3 parts yet, to be taken oute of your 3 parts, 
afterward 

4ly we Reasone from y^ words. Concerning, y^ devitione, in 
y<= 7 line, which is y« first, devitione, of y^ whole, (below 
Pachasett River, into two parts, y^ one parte, 3 ; off (4 = y« 
other,) one off 4, & & soe it is to be measured, from easte to 
weste, whence, we Reasone, thus. The whole land, below 
Pawchasett River, is to be devided, from Easte, to weste, Into, 
but Two parts, with one line, firste. Therefore, y^ exseptions, 
muste be takene, oute off, those two parts, & being, measured, 
Througheoute, y<^ whole, is measured, & then, none is lefte, but 
all is in y« two parts, soe y' y^ exseptions, must be founde 
within y^ two parts, or, noe where. 

And where as you objecte, noe neede, of measureing y« 
lands, all redy devided 

I Answer for y^ performance, of y^ true Intent of y^ writ- 
ting. There is Need ; from these words. The land shal be 
devided from Easte, to weaste, Throughoute, Therefore, oughte 
to be measured truely, lying, both Easte, & weste, y' land, all 
redy devided, soe lying 

A word, to Zach Rho Use playne dealing. In y^ managing, 
this matter, perswade noe man, to decline, his partners asis- 
tance, but, lett every man asiste his partner, to a due posses- 



HARRIS PAPERS. 53 

ione of every man, his part And thinke not, y' your, nor Tho 
Olln* Jugleing will creddet, your Cause, he hath bene, and 
will be, as much an enemy to your cause as any man, to his 
power (for his advantage) Thoughe, he be not willing to be 
scene, (In y« coste : & trouble, for his Councell I care noe 
more, then I care for youres, (In this case) Nor, for y^ coste 
to make him pay, his parte of y^ chare. If he Refuse, (In due 
time 

Allsoe, All of you Concider, y^ Trouble, you have unnesses- 
arily put us to, & me more then y^ Reste, & I am perswaded, 
yt you will have as litle, sattisfactione in this laste, as In, your 
firste designe, And Certaine I am It will not amounte, to any 
Christiane acounte, such Continewall strife. And, Thoughe, I 
forgave you my Charges In y^ massachusetts, & laste of all 
soughte for none, yet. If you continew troublesome, we will 
deligently Endevoure Juste, satisfactione, If our reasons 
prevaille not with you, let us see what Reasons, you have to 
hinder, you, or us, from such an understanding, of y^ writting, 
(our thoughte) agreementte 

your N'^'' notwithstanding, your unjuste Continewall strife. 

25 Dec 1656 Williame Harris 

[Cushman Papers] 

4 

Case of Harris et al. vs. Warwick, March, 1659-60. 

Endorsed : — The verdict & testimonyes. 

Portsmouth 20 12 1659 
The declaratione of William fheld William Carpentor Zach- 
ariah Rhodes & William Harris Plantives all of Providence ; 



♦Thomas Olney (1600-1682) of Providence had received a Pawtuxet 
share, but had disposed of it at different times to William Field and the 
Arnolds. 



54 RHODE ISLAND HISTORICAL SOCIETY. 

ags'. John Smith treasurer of Warwick In the Behalfe of the 
Towne of Warwicke Defend* in an action of Tresspasse* upon 
the case bareinge Date the 4*'' of November 1659 shewing that 
the Defendant hath cut and carryed away much of y^ Plan- 
tiffes grasse & hath Exposed much to the ffire and more to 
the fioudes for which cause we bringe o"" complainte to this 
Courte for Redresse & Satisfaction for y' wronge & for recom- 
pence of c charges ; the Plantiffes Damadge one hundred 
poundes starlinge 

William Harris A True Copy As Atest 
John Sanford Recorder 
That Grew one y« North side of Pautuxet River in y« yeare 
1659 

William Harris 



Warwick the 2^ of March 1659 
The Answere of John Weekes Atorney for John Smith of 
Warwicke Defendant to y« Declaration of William ffielde 
William Carpenter Zachariah Rhodes and William Harris of 
Providence Plantiffes upon an action of Tresspas upon the 
case bareing Date the 4*'' of November 1659 wherein the Plan- 
tiffes complaine that the Defendant hath cut and carried away 
much of theire grasse & have Exposed much to the fire and 
more to the Water to which we answere, wee knowe of noe 
grasse wee have cut nor carried away nor Exposed to fire or 



*The question between Pawtuxet and Warwick depended upon prior- 
ity of title. If Harris's interpretation of Williams's original grant was 
correct, the Pawtuxet men owned all land north of Pawtuxet river. The 
north line of the original Warwick purchase, however, crossed the south 
bend of the Pawtuxet river. If, therefore, the Providence and Paw- 
tuxet purchase extended no further than the Pocasset river, the territory 
in di-spute, a three-cornered tract lying between the Warwick north line 
and the south bend of the PawtiLxet, belonged to Warwick. The east- 
ern part of this tract was called Toskeunke (see testimony of Arnold, 25 
October, 1679, No. 92 ; and Holden and Greene's petition, 28 October, 
1679, No. 95) and the western part, Nachick, or Natick. See the map 
in this volume. 



HARRIS PAPERS. 65 

water of theires & therefore Deny any Tresspase being in no 
poynt guilty of theire charge neither cann they make any such 
thing appeare therefore the writ ought to abate and the de- 
fendant dismist with good coste for his unjuste Mohstation 
'^'' me John Weeks Atorney 
A True Copy As Atests John Sanford Recorder 

Wilham Wickenden* beinge Ingadged Testiffieth that the 
Boundes of the Towne of Providence are the River & ffieldes 
of Patuckset & the further parte of y^ hill Notacomanet is 
the northweste Boundes and alsoe the saide Deponant Testi- 
fyeth that he was one that pitcht the Boundes betweene Pa- 
tuckset River and Wonaspatuckset upon an Equal Distance & 
that the line wente to a Rocke which was as high into the 
Country as wee consieved as Notaconkonott hill and also Tes- 
tiffieth that he doth Judg y' the utmoste Boundes from the Sea 
is about Six miles & also he testifyeth that Patuckset men 
were not to Runne higher then Providence by vertue of 
agreemente betweene Providence & Patuxet 

Taken in Courte A True Copy As Atests 

John Sanford Recorder 

Stukely Westcotf beinge Ingadged Testiffieth that M"" 
Williams Received the landes of Providence from Miantonomu 
the Sachim but we had not Boundes Sett where upon we 
sente to the s<^ Sachim to come & Sett our Boundes, hee com- 
einge there was some Difference between C selves, so y' he 
went away and Lefte the Lande unbounded, and alsoe he saith 



*William Wickenden, one of the " second comers" to Providence, who 
died 1670. 

tStukeley Westcott (i 592-1677) an early settler in Providence, but who 
had for several years been a resident of Warwick. On 6 November, 
1648, he had received from the Pawtuxet purchasers a deed of 250 acres 
near Spectacle Meadow, but on 11 December, 1656, deeded all his Paw- 
tu.xet rights to his son Robert. (See deeds in Cushman Papers.) 



56 RHODE ISLAND HISTORICAL SOCIETY. 

that they never understood theire Boundes to be further then 
Pachaset River,* 

Taken in Courte helde in March 1659 or 60 
A True Copy As Atests John Sanford Recorder 

Dated in Warwicke this 5"^ of September 1653 

Whereas I James Sweete of Warwicke have soulde to Wil- 
ham Harris a parcell of land lying nere Pachaset River for 
Twenty poundes these testifieth that I have Reseived the saide 
Twenty poundes this presente Day of the Date hereof wit- 
nesse my hand 

Witnesses James [ X ] Sweete 

John Greene Ju"" Ezekiell Holliman 

A True Copy As Atests John Sanford Recorder 

[A copy of the original deed of Providence and the " mem- 
orandum " are here omitted.] 

M"" Benedict Arnoldt upon his Engadgment saith y^ name 
Subscribed in the paper where y^ Evidence of Providence is 
was not his hand wrighteing But he saith that he did Sub- 
scribe his name to such a paper as that is aboute that time 
Taken in Courte held in March 1659I: 
A True Copy As Atests John Sanford Recorder 

[Harris Papers, p. 87.] 



♦Roger Williams always affirmed that the bounds of the Providence 
purchase did not extend beyond the Pocasset river. (See R. I. Hist. Soc. 
Pub. viii: 156, 158.) 

tBenedict Arnold (1615-1678), son of William Arnold, had moved from 
Providence to Newport in 1651. His name, together with that of Wil- 
liams, is affixed as a witness to the so-called " memorandum " of 1639. 

tThe plaintiffs' declaration was filed Feb. 20, 1660, and the defendant's 
answer. Mar. 2. The records of the General Court of Trials, under date 
of Mar. 13 {MS. JR. I. Colony Records, i646-i66g, p. 95) state that the 
jury found for the plaintiff £2 damage and cost of court. 



HARRIS PAPERS. 57 

5 

T. Olney's Testimony, 8 October, 1660. 



Endorsed by Harris : — Th° Olney his Testamony proveing 
y* Roger williams doth now deny what formerly he did as to 
bounds of patuxeet medows 
gth gth mth^ 1660 



Betweene 20 and 22 yeares agone M"". Roger WilHams, Jo : 
Throckmorton, Stuckley Westcot M^ WilHam ffeikl, Wil- 
liam Arnold, William Harris, William Carpenter and my 
selfe Agreed together to lay out meddows that did belong 
to patuxit men, wee went the first day that wee went forth 
to search out what meddow we could finde ; We went first 
to Mashepauge* and there found some, from thence we 
went to William Harrisses meddow which he now enjoyes, 
then to spectacle meddow from thence to paupauquinipaug : 
then M"". Williams made a motion to us to goe further up pa- 
tuxet to search for more we assented and soe we went over 
the river at paupauquinipaug from thence we went to Cowaude 
from thence we came to Toaskeunck and there wee found a 
good quantity and M^ Williams told us it was ours at that 
present there was at Toaskeunck a grate pawow of Narragan- 
sett M^ Williams said that the Pawow asked him wherfore 
wee came M^ Williams said he told him to looke out meddow, 
that Myantonomy had sold to him, he said that the pawow 
wondered that Myantonomy should sell that meddow and not 
make him acquainted with it seing he had the charg of those 
young men that there dwelt, and as we came home M^ Wil- 
liams made a motion to us to give that pawow some small 



*A reference to the map in this volume will show the general location 
of these meadows. If Williams ever expressed such an opinion as 
Olney implies, it was contrary to all of his written statements. 



58 RHODE ISLAND HISTORICAL SOCIETY. 

gratuitye seing he had something to doe with the young men 
of the place 

Providence 8 day 8 This I testifie upon that Ingagement 

moneth i66o is upon me as a Towne Deputye 

"^ me Thomas Olnye senior 
A True Coppie '^ mee Joseph Torrey gen Recorder 

[Harris Papers, p. 88.] 



Depositions, i6 March, 1660-61. 

Endorsed by Harris : — shewing y' such as now in 1668 deny 
A harris to be a purchasor did in 1660 grant it 

Providenc 16 March 1661 : 
Wee : James Mathewson, John ffener, Andrew Harris, 
Thoughe we have bene Ahredy Lawfully Received into Pur- 
chas Rights, & not as is pretended by such five and Twenty 
Acre men * as had noe Righte to y« Comone, but by a Lawfull 
Vote of purchasers & such five and Twenty Acre men as have 
whole Righte in Comone, & therefore power to dispose, yet we 
alsoe desire if they please y^ free concente of y^ Reste of our 
f rends, y* such may be sattisfyde, y^ yet unjustly object us 
and whereas Such sayd there was not acomodatione (for us) 
yet since they have Received some y* proposed themselves, & 
have founde Acomodatione for them, & denyed us upone y* 
ground (pretended) yea Thoughe we lawfully Alredy Received 
yet say they will pluck up our stakes, yea Thoughe some of us 



* A five-and-t wenty acre man was one who had obtained a free grant of 2 5 
acres, possessed a quarter share of common land, but had no right to vote 
until received as a freeman. (See J?. I. Hist. Soc. Coll., ix: 33.) 



HARRIS PAPERS. 59 

have payd our purchase mony and have possesion delivered 
to us, Therefore if you are willing we shall injoye as above 
sayd we Request your hands hereto, We whose names are 
hereunder writen give our consents y* they above sayd shall 
injoye theyr grants Abovesayde 

his mark 

Thomas Harris Jun"" George X Way Arthur ffener 
John Steere Thomas Harris John Browne 

John ffield X ^rJ" Williame Harris 

his mark his mark 

Henry X ffowler Thomas X Roberds 



I Shadrach Manton doe wittnes that Shadrach Manton 

my father did say he was willing that Edward Smith 
Andrew harris and John Fenner 

shoold injoy thair purches rights Kichard X rray mark 

as thay weare receved William ffenner 



Henry Browne, Cristofer Smith, Edwarde Inman, John Jones, 
say they will not apose James Mathuson nor John ffener nor 
Andrew Harris in theyre purchas Rights, Alsoe Stephen 
Northup sayt he will not Apose them 

Georg Ballmer giveth his Concent to y^ peacable Injoyment 
of John ffener James Mathueson & Andrew Harris off theire 
purchas Rights as one y« other side Specifyde 

his 

Georg X Ballmer 

mark 

Joshua Winsor 

[On the last page there is a long note in contemporaneous 
short hand.] 

[Harris Bapers, p. 88.] 



60 RHODE ISLAND HISTORICAL SOCIETY. 

7 

Verdict of Court of Trials, 8 October, i66i. 

The General Courte of Tryalls held at Portsmouth October 
the 8'^: i66i. 

A Reheareing of an Action of Trespass* upon the Case 
Comenced by M"" William ffeild, William Harris Zachary 
Roades and William Carpenter, Plaintiffs against M'' John 
Smith Tresurer for y^ Towne of Warwick and in y^ behalfe of 
the Towne of Warwick damage : lOo" : And for as much as 
there apeeres some obstruction in the proceedes in that Action 
depending between the fore Named M"^ ffeild William Harris 
Zachary Roades and William Carpenter Plaintiffs against M'' 
John Smith Treasurer of the Towne of Warwick because there 
is not a Letter of aturney that doth Athorize William Harris 
to proceede as formerly ; and that it doth alsoe apeere that 
William Carpenter did desert the Cause Therefore to take off 
all Scruples that may arise by the defendent ; M"" William 
ffeild and William Harris doth Engage in open Court them 
selves in a bond of five hundred pounds ; that they will make 
good the damage that shall arise upon the I sue of this suite 
and stand to the verdict and Judgment of the Court in the 
Case. The verdict of the Jury is wee finde for the defendant 
with their Charges and Cost of Courte 

Wheras wee Randall Houldon and John Greene Sc are deputed 
by the Purchasers and Towne of Warwicke as Aturneys in 
their behalfe as well as for our selves to implead William Harris 
before the honored Comissioners now sittinge at Providence 
In adjournment and having presented our groundes for a non 
suit which the honored Court not acceptinge Therfore in sub- 



* This was the action begun in March, i66o. At a rehearing of the case, 
October 9, 1660, the jury, reversing the former verdict, found for the de- 
fendant £4 damage and cost of court " not meddling with title of land." 
{MS. H. I. Colony Records, 1646-166^, p. 98.) 



HARRIS PAPERS. 61 

mission therunto wee thus answer unto the declaration of Wil- 
Ham Harris concerninge the meddowes of Toskeunke, and hill 
of Nachicke, is that the Plaintiffe hath no lawefull Title to the 
sayd landes forasmuch as they are within the boundes of War- 
wick Purchase and are our undoubted rightes hee the sayd 
Plantife havinge nothinge to shew but his Illimited postscript 
havinge not the hand of the Granter therunto,* and disowned by 
the grantee and therfore is a fraudulent deed accordinge to the 
statute of England, as also an illimited graunt in case it had 
been subscribed by the graunter makes itselfe voyd in lawe and 
is such as his Majesty will not justifie and furthermore wee 
have two verdicts of Jury ag^' him in his Majesties Courts of 
Rhoade Island & Providence in the sayd matter which is con- 
fessed in his declaration and the Plantiffe neither made his 
apeale to the sayd Court nor to his Majesties most Honorable 
Comissioners and wee have peaceably injoyed the same untill 
now beinge severall years past since the Triall which matter 
had the kinges Majestic ben truely informed doubtles the com- 
plainant would have lost his labour concerninge procuringe a 
rehearinge for us 

[Cushman Papers] 

8 

A. AND T. Harris, Testimony, Providence, io October, i66i. 

Endorsed by Harris : — The Testamony of Tho Harris & 
Andrew Harris as to y^ use & posession of meshuntatack 
under publique test. 



* This refers to the " memorandum," or postscript, to the original Town 
Evidence of Providence, which was not subscribed to by the Indian 
grantees. (SeeProT. Rec, iv. 71.) 



62 RHODE ISLAND HISTORICAL SOCIETY. 

Andrew Harris and Thomas Harris* Junic being ingaged 
doe wittness that WilHam Harris hath fed and used the med- 
dowes at pauquobuck or mishantituck both by his Cattle and 
mowing this eight yeares for in the yeare 1661 they say he 
mowed it and fetched away the hay besides his Cattle feeding 
of those meddowes all the time before expressed 
Providence this 10''^ of the 8 mo : 1661 

Taken by me Thomas Olney Deputy 

Compared with the origenall by mee Joseph Torrey Gennerall 
Recorder 

[Cushman Papers] 



Indian Deed of Mashantatack, 23 June, 1662. 
Endorsed : — wotapunchamins deed about shantecut lands 

June the 23^ One Thowsand six hundred sixty and two, on 
which day this worke was Enacted at the dwellinge houses of 
the salsemen the place being Called Pataconkqueset 

Know all men by these presents that wee Wottapunckhomin, 
Awaskakooke, Shemenahawssowett Coshutaquant, Paquaite 
and Namponnant, all of us beinge Coessett Indians in the 
Collony of providence plantations in New-England, In Con- 
sideration of Twenty pound in peage six ^ penny to us in hand 
paid by James Sweet & John Sweet t his Brother of the Towne 



* Andrew (1635-1686) was the son of William Harris, and Thomas 
( -1711) was the son of William's brother, Thomas Harris. Andrew, 
on I November, 1655, had sold to Daniel Brown his house and about 
eight acres of land. (See deed in Cushman Papers.) 

t James and John Sweet, sons of John Sweet, were early settlers of 
Warwick. John lived at Potowomut Neck and James, after King Philip's 
War, removed to Kingston, where he died, deeding land at Mashantatack 
to his children. 



HARRIS PAPERS. 63 

of Warwick in the Collony afore-said Have given and granted, 
bargained and sold And by these presents doe give grant bar- 
gaine and sell unto James Sweett and John Sweett his brother 
afore-said all the Lands, and Medowes together with all the 
timber and other apertanences and Comoditys whatsoever be- 
inge ffour Thousand Acres more or less lyinge within these 
bounds hereafter Mentioned, that is to say from pachasett 
River [ Notaquoncanutt] from thence to 

Mameawequate, and soe to Maskataquatt and there joyneth 
with pawtuxett River cdmonly called soe by the English which 
is the South bounds, Wee say wee Wotapunkamin, Awaskooke, 
and the other Indians above-Named ; Doe by these presents 
fully and absolutely grant and pass over all the said four thow- 
sand acres of Land more or less both Medow and upland to- 
gether with all proffitts Comodetys and apertanences whatsoever 
within the afore-said Bounds above-mentioned from our heires 
and successors, as alsoe from our selves forever unto James 
Sweete and John Sweete their heires Executors and Admini- 
strators and Asignes forever In Witness whereof wee have 
subscribed our hands and scales the day and yeare first above 
written and in the ffourteenth yeare of the Reigne of our 
Soverreigne Lord the King beinge Charles the Second off 
England Scotland ffraunce and Ireland King &c together with 
all his Royall Dominions thereunto belonginge * 
Signed Sealed and The marke off X Wotapumchimin [s] 

Delivered in the The marke off X Awaskooke [s] 

presence of us : The marke off X Shemenenhocot [s] 

Walter Todd The marke of X Quanosett [s] 

The marke of X ffrancis Dorby 

John Gerry ardy 
the marke of X Wiquaie. 
the marke of X Nakanett. 

A True Copy Extracted out of the publick Records of his 



*This deed was the outcome of a petition made to the Assembly 17 
June, 1662, by John and James Sweet, Edmund Calverly, Thomas Ralph, 
WiUiam Burton, for themselves and ten or twelve others, that they might 



64 RHODE ISLAND HISTORICAL SOCIETY. 

Majt'es Collony of Rhode Island & Providence plantations. 
As Atests John Sanford Recorder. 

Warwick the 17"^ of October 1662 in the Collony of provi- 
dence plantations in New-England This Deed of Bargaine 
and Sale of land within mentioned was presented before me 
John Smith Deputy of the Towne aforesaid and acknowledged 
a Deed of sayle by Wottapuchamon and Awaskooke within 
mentioned Vallintine Whitman of Providence and Jeremiah 
Wastcott of Warwarwick beinge the Interpretors 

John Smith Deputy 

A True Coppy of the Origonall as Atests. John Sanford 
Recorder. 

[Cushman Papers.] 



10 

Sweet to Arnold and Rhodes, 15 July, 1662. 

Endorsed by Harris: — Under y« hand of John & James 
Sweet y' they have bought y^ land y« s^ James sould to me 
W H & providence land alsoe 

July the I5"> 1662 
Loving neighbours Stephen Arnold and Zachary Roades, 
wee understand that you make use of certaine medowes lying 
upon the river leading to Pawtuxet upon what account wee know 
not, but this wee thought good, to give you notis, of y' wee have 
bought all the landes medowes and else, fro Pochaset to 
masscettaquat and northward as farr as notaquonkanut where- 



be allowed to purchase land from the Indians, which was granted upon 
condition that the land had not previously been purchased and did not 
exceed 4000 acres {R. I. Col. Rec, i : 483). The localitj' of Mashantatack 
is shown on the map in this vohune. 



HARRIS PAPERS. 65 

fore take knowledg y' you are not henceforth to mow or make 
use of any thing either timber or medow without our approba- 
tion and consent, 

by mee James Sweete in the behalfe of my selfe and my 
brother John 

the marke Icj of James Sweet 
[Cushman Papers.] 



11 

T. Harris, Testimony, 7 March, 1662-3. 

Endorsed by Harris : — Tollaration Harris his testamony as 
to Warwick mens cutting y^ gras of w ffield & w harris at Tos- 
kaunk in hay time 1662 

Tolleration Harris,* Aged about 18 yeares, being ingaaged 
doth testifye, that on the 12"^ of July last past which was in 
the yeare 1662, he saw Samuell Gorton the younger, John Gor- 
ton, Amos westcot : Benjamin Gorton, George Goff, Roger 
Burlingham and Ebenezzer Moone mow, or cut the Grass of 
William Feild, and william Harris, both of Providence, the med- 
dowes that the foresaid men were cuting, he saith was at, or 
about the place called Toskeonke, upon the north side of Pau- 
tuxit river. 
Providence this 7*'' of march 1663 

Taken by me Thomas Olney Deputy, 

[Cushman Papers.] 

12 

A. Harris, Testimony, 7 March, 1662-3. 
Endorsed by Harris : — Andrew harris his testamony as to 



* Toleration Harris, born 1645, was the younger of William Harris's 
two sons. He was killed in Kinp; Philip's War. 



66 KHODE ISLAND HISTORICAL SOCIETY. 

Warwick mens cutting y^ grass of W ffeild and W harris at 
Toskaunk in hay tim 1662 

Andrew Harris aged about 28 yeares being ingaaged doth 
testifye, that he did see Certaine men, Inhabitants of the 
Towne of Warwick, namely these, Samuell Gorton Junior, 
John Gorton, Benjamin Gorton, Roger BurHngham John 
Harrud, Amos westcot, Ebenezer Moone, and George Goffe 
cutting or mowing the Grass and meddowes, of William ffeild 
of Providence, and William Harris within the boundes of 
Providence : which meddowes he saith lyeth at or about the 
place called Toskeonke, on the north side of Pautuxit river, 
and he saith the time which he saw them so cuting as above 
said was in hay time, upon the i2 of July last past, in the year 
1662. 
Providence this y^^ of march 1663 so called. 

Taken before me, Thomas Olney deputy. 

[Cushman Papers.] 



13 

Providence and Pawtuxet Agreement, August, 1663. 

Endorsed by Harris : — a copie of an agreement between 
providence & patuxcet men as to y' parte patuxcet men pay as 
to y^ confirmations Under y^ recorders hand 

In providence wee the Committe according to agreement 
are mett This Last of august 1663 (soe Called) and in the 15 
yeare of the Raigne of our Lord the King according to order 
of the Towne and the men of pautuxett ther consent and are 
Joyntly agreed not differing : our agreement is as followeth 

That pautuxett shall pay and are willing soe to doe namely 
to pay unto the payment which the narragansitt Sachim had 



HARRIS PAPERS. 67 

for the Confirmation* of the Lands of providenc & pautuxett 
namely twelfe pound and one shilling Eight pence at 6 peag 
a peny the Quarter part of the whole sumes as for and accord- 
ing to proportion but if it hearafter appeares that the Lands 
of pautuxett are more then the quarter part of the Land be- 
tweene pawtuxett River and pawtuckett River then the men 
of pautuxett shall pay more according to proportion and if 
pautuxett Landes hereafter prove Lese then the quarter part 
of the Land betweene pautuckett and pautuxett then pawtuxett 
men shall be Retorned ther Just proportion of ther payment 
back againe 

Roger Williams 
This is a True Coppie Rich: waterman 

drane from and Zackary Roades 

Compared with the John browne 

origenall (which Re- James aston 

maines on file) as William harris 

atest Joseph Torrey 
Gen Recorder 
[Moses Brown Papers, xviii : 225.] 

14 

Harris to Town of Providence [28 September, 1663]. 

To y^ Towne of Providenc mett As followeth Joshua Veer- 
ingt of Barbadosse once of Providenc desireth me to Demand 



♦This refers to the deeds given by the successors of Canonicus and 
Miantonimi to the Providence proprietors from 1659 to 1662 confirming 
the boundaries of the original purchase. (For a discussion of these 
deeds, see R. I. Hist. Soc. Coll. ix: 80; R. I. Hist. Tract, 2 ser., iv: 72; 
Paine's Denial., p. 44.) 

tjoshua Verin was one of the first comers to Providence, but had de- 
parted two years after the settlement. He was now attempting to re- 
cover the title to his original right of land. The town, in answer to Har- 
ris's request, owned Verin's right [Prov. Rec, iii : 40) and to the time of 
his death, in 1695, he retained his original purchase share. (See Austin, 
Geneal. Diet, of R. /., p. 212.) 



68 RHODE ISLAND HISTORICAL SOCIETY. 

of (your selves) as (I conseve) his meaning In (his word Ten- 
ants.) In a letter to me, To demand his land Therefore I Re- 
queste your Answer to send to hem. 

William Harris. 

[From Prov. Town Papers, No. 01304.] 

15 

R. Waterman, Testimony, 9 October, 1663. 

Endorsed by Harris : — Resolved waterman Testifyeth y* 
house &c. In patuxcet lands under publick test 

Resolved Waterman* of Providence being engaged testifieth 
that there is a house neer that meddow meshuntatack which 
Is called John Harwoods house which said house is neerer to 
Pawtuckset river then to wanaspatuckett river, taken before 
me 

Providence the 9'"^ 8"' John Browne Deputie of 

mon'** 1663 Providence 

A True Coppie ^ me Joseph Torrey Gen Recorder 
[Cushman Papers.] 

16 

A. Harris, Testimony, 7 March, 1663-4. 

Endorsed by Harris : — Andrew Harris his Testamony as to 
John Harrud & his mens Enteranc (as he sayth) & building a 
howse 7*"^ march 1663 & 64 under y^ recorders test 



♦Resolved Waterman (1638-1670), son of Richard Waterman of Provi- 
dence and Warwick. 



HARRIS PAPERS. 69 

This proves Thomas Relf & Roger Burlingham forcably 
entered at meshuntatack yM 3 or 14 of May 1663 

About the 13**^ or 14th of May in y^ yeare 1663 weare En- 
tered sertaine persons of y^ Towne of Warwicke upon the up- 
land neere Meshuntatak Called by som Paquabuck, namly 
John Harrud, Thomas Realfe, Roger Burlingham, Thomas 
Hedger, Juni : Ebenezer Moone, John Rice & Larance Pin- 
nicke;* which saide persons were Cuting out Treese ; Clear- 
ing timber and beuilding a house upon y^ saide land neere 
Meshuntatock where I did heare William Harris of Pautuxcet 
& Providence forbid them soe to doe ; and Peaceablely had 
them departe from his sayd land ; but some of y^ foresayd 
persons answered & saide the land was their owne and they 
would begon when they saw their time, but they did not for- 
beare their worke nor departe the place, also I did see them 
have axes and other such things in their hands att y« time & 
place aforesaide — allsoe William Harris aforesaide of Pau- 
tuxcet & Providence hath hadd peaceable use of y^ land afore- 
saide to my sertaine knowledge more then three yeares with- 
out Intermistion ; alsoe I sertainely know that within fewe 
days before y« time above mentioned the saide men of War- 
wick were not upon y^ land aforesaide att or neere Meshunta- 
tack, I allsoe was by the Constable required to ayed him when 
he went to Aprehend the persons aforesaide ; but they re- 
sisted the Constable and would not obey his word nor warant ; 
the saide persons went all into the bowse which they were 
building upon y^ land aforesaide and stood with axes in theire 
hands againste the doore it being open and holding them up 
redy to strike, and saide to the Constable & his ayde stand off 
at yo'' perell, but the Constable drew neere to y« doore but 



♦With the exception of Ralph, Burlingame and Rice, very little is 
known about these early settlers at Mashantatack. Harris, in alluding 
to Harrud and his partners, often spoke of them as having "fled from 
Connecticut." Although there is evidence that both Ralph and Burlin- 
game came from Connecticut, there is no record to show that the others 
came from that colony. 



70 RHODE ISLAND HISTORICAL SOCIETY. 

could not enter with out danger of his Hfe by reason of John 
Harrud aforesaide & the rest of his Company which stod in a 
desperate posture, holding their Axes up att the Constable & 
his ayde and y« sayd John Harrud did vow and proteste as he 
was a living man that if the Constable did sett his foote within 
the doore he would knocke him downe. 

Andrew Harris of pachaset in Providence Jurisdic- 
tion aged 29 yeares doth upon his solemne ingauge- 
mente testifies, that the above written is true, and 
that the word, I heard, and I see, is to be under- 
stood himselfe, that he heard, and he saw ; 

This he afiermeth this y^"^ of March 1663 

1664 
Before me Thomas Olney Asistant 
This is A True Coppie Compared with the origenall "^ mee 
Joseph Torrey Gennerall Recorder. 

[Cushman Papers.] 



17 

Verdict of Court, 8 March, 1663-4. 

Endorsed : — Copie of y* pocreds of cort in Newport march 
y^ 8"^ 63 : 64 wherin An Atorney is made by y^ cort when 
neither plantiff nor noe Lawfull Atorney was ther &c 

At a Court of Tryalls held at Newport : March Eighth 1663/64. 

There beinge a Case dependinge in this present Court be- 
tween William Harris of providence and John Harrud of 
Warwick and William Harris not apeareinge in Court but his 
sonn Andrew doth make answer in his steed, and Engage to 
stand to and performe all that concernes this present case : 
fully to all intents and purposes to pay and to Receive : The 
Court doe accept the said Andrew Harris as Agent or Aturny 
in his ffather William Harris Roome. 



HARRIS PAPERS. 71 

An action of Trespass by William Harris of Providence, 
against John Harrud of Warwick Damage two hundred 
pound sterlinge. 

The Verdict is Wee finde for the plantiff tenn Shillings 
Damage and Cost of Court. Judgment granted by the Court 
to be Entred.* 

The Jurry on William Harris and Harruds Case. 

John Nixon ^ Henry Timberlake 

Edward Thurston I Thomas ffish 
Robert Col well j Joshua Coggeshall 

John Cowdall ^ Samuell Hubbard 

John Gould I James Man 

Nicholas Cotterill 1 Tobias Saunders 

True Coppys extracted out of the publick Records of his 
Maj.*'^* Collony of Rhode Island and Providence Plantations 
As Atests. 

John Sanford Recorder. 

[Cushman Papers.] 



18 

Fenner and Brown, Testimony, 9 October, 1664. 

Endorsed : — Arthur ffenor & John Brownes Testamony ov 
y* y^ house builte by Horrud is within 5 miles of y^ 20 miles 
Therfore within y^ bounds &c of An ordonary Plantatione & 
as [true] allsoe y* 10 of y^ men of Patuxcet by agreement by 
arbytration did part with 2 or 3 miles of y« s^ 5 miles to 3 of 
those partners for y^ s^ land upward of y^ 20 miles 

Under Tho Olney Assistants test 

* The action of the Court is in MS. R. I. Colony Records, i646-j66g, 
p. 214. Edmund Calverly, a deputy of Warwick, attempted to obtain a 
rehearing of the case on the plea that Harrud had not seen the manda- 
mus sent him by the Court, but on Oct. 19, 1664, he withdrew his request. 
{Idem, pp. 215-216.) 



72 RHODE ISLAND HISTORICAL SOCIETY. 

Providence this 9'*^ of October 1664 
Arthur ffenner Aged 41 yeares, and John Browne Aged 35 
yeares, both of them being Solemly Ingaged doe witnesse as 
followeth, that they being desired by WilHam Harris to give 
in their testimony how furr the house at mishantituck is one- 
ward of the way of 20 miles westward from the hill called 
foxes hill, they say that y^ house aforesaid falleth within 5 
miles of the said 20 miles before specified, laying their Com- 
pase due north and south 5 miles in length in the west line 
towards the 20 they say according to their best understanding, 
they so testifye 

Taken by me Thomas Olney Assistant 
y^ day and yeare abovesaid 

They also afirme that upon y' top or high end of neaticon- 
conot hill is 3 miles measured from foxes hill * 

Taken upon their ingaugement the day and yeare abovesaid 
Before me Thomas Olney Assistant 

[From a tracing of the original in the Cushman Papers.] 



19 

Smith and Carpenter, Testimony, 16 October, 1664. 

Endorsed by Harris : — B Smith Josep Carpenter as to spec- 
ticle meddow — which James Sweet Toke 20 li for of W H 

Under an asistant test, shewing y* Harruds enterance is 
upon providence allso 

Benjamin Smith aged 32 yeares, and Joseph Carpenter, 



*The distance from Fox Point to Neutaconkanut Hill, as measured by 
modern surveys, is three and a half miles. 



HARRIS PAPERS. 73 

Aged 26 yeeres,* being solemnly Ingauged doe both testifye, 
that they both ofe them Rim a line upon or by a compase 
from the mouth of pachaset river, due north unto the path 
that goeth from the Towne of Providence unto neautocon- 
conet, and when they were at the said path they set their 
Compase due east, and find that from that path where they set 
their Compase due east being the place which the north line 
run to, before specified, they say that from that place due east 
if not past two miles and a halfe to providence Bridge, and 
they say that as they run the north line aforesaid they run 
thorrew a corner of spectacle meddow and neere through the 
middle of a pond called pesaumkamesquesit : t 

Taken by me Thomas Olney Assistant 
this 16''' day of October 1664 

[Cushman Papers.] 



20 

Harris and others to Providence Town Meeting, 
27 January, 1664-5. 

Endorsed by Harris : — Patuxet mens offer of a peaceable 
Arbytration to Providenc men Jan 64 

Providenc 27 Jan 1664 
We y^ men of Patuxcet namely William ffield William Car- 
penter Richard Waterman Zachary Roades & william Harris 
desirous of peace with our neighbours of providenc Therfore 
this day In y^ open Towne meeting declare & subscribe to end 
a certayne defference ffallen in aboughte lands by Arbytra- 
tione & are ready to speake further & subscrib alsoe to any 



*This testimony places the birth of Benjamin Smith in 1632 and of 
Joseph Carpenter in 1638, dates not previously known to students of 
Rhode Island genealogy. 

t Probably the present Spectacle pond. 



74 RHODE ISLAND HISTORICAL SOCIETY. 

thing y* may further the same y^ y« sayd defference aboughte 
y«= land of patuxcet & providence may Remayne noe longer & 
such of you our neighbours as are willing to end y^ foresayd 
defferenc by Arbytratione, shew your such mind by subscrib- 
ing with us as aforesayde * wittnes our hands William Harris 
William ffield William Carpenter Zachary Roades 

mark 

Richard X waterman 

his 

[Cushman Papers.] 



21 

Harris to Providence Town Meeting 
[25 December, 1666 1]. 

To The Towne Mette, 
This. 
In Answer, to a paper, put in ; for fenceing in, the necke : 
firste, y^ sayd paper ; preseth. This Convenyence, 
A Great quanttety, of land, for a litle fence. 
We Answer. If it be a Create quanttety of land. Then, A 



*A second petition, under the same date, was handed in, requesting a 
survey of the dividing line between Providence and Pawtuxet {Prov. Rec, 
XV : 105). Apparently no attention was paid to either petition {Idem, 
iii : 59). 

tThis document is not dated, but apparently was handed into the town 
meeting of 25 December, 1666. The question of fencing in the Neck first 
appears in the town meeting records on 18 February, 1662, when it was 
" ordered the Neck shall be fenced in this year." {Prov. Rec, iii : 13.) Five 
years later, 2 December, 1666, " it is ordered that 4 of our neighbours 
shall . . . goe unto those of the Inhabitantes who are oppossitt to the 
fencing in of the neck to know theire mindes, and reasons." {Prov. Rec, 
111:89.) The question is again referred to 11 December, 1673, "which 
metting being Caled for sum Consideration of bulding of a bridg and 
fencing in the Neck but Not any thing Agred on." {Prov. Rec, iii : 249.) 
Harris's opposition on this question doubtless helped in stirring up the 



HARRIS PAPERS. 75 

Great, quanttety of Comoning (In sommer time) you will 

miss. 

2ly of y' which is neer allsoe. 

3ly where, your Cattell, will walke : In y« more safty. 

4ly The better : without keeping. 

5ly The Indeans, will not dare (soe soone) being Neer To 
doe, them damage, leaste they should be heard, or seene, 
As these'Xonvenyences, for catell, will be loste, soe, 
These, In Convenyences, of Cattell will come, 

A '2d sorte Some Cattell, either young or lame, or the like 
will be put in, Throughe straights : (of Temptatione) not 
knowing what to doe with them, As some, have bene put, 
into the fielde : &, being in, Thoughe doe ; damag, will not 
easily be found (sometimes) to be put oute. 

2ly when Piggs gett in, as y^ they will, for oughte (I know) 
There they may, Remayne still, (Tell they be fatt, & y«= 
field leane, & soe, y^ harveste mane, may learne, to Gleane 
(what y« Piggs have lefte) 

Nor will, any future care, keep them oute : (of such a 
length, of fenc) noe more, nay nor soe much, as paste deli- 
gence, hath done : oute of y^ field : & yet they gett in : 
& when they are gott in, to such a larg scope, I hope, 
you will minde, you you may goe looke, as Scoggine did 
for y* haare * (before you finde them) who creepe soe low, 
& y« bushes soe highe. 

As these Inconvenyences, will be, to y^ Inhabytance & 
more (y*, yet apeare not) (with respecte to Cattell.) soe, 



passions which find expression in the next document. Among the un- 
dated Providence Town Papers, there are several documents relating to 
the subject of fencing in the Neck, among them a favorable report from 
the committee, and a conciliatory appeal from Roger Williams. (See 
Prov. Rec.,^th Report, p. 32 ; R. I. Hist. Soe. Pub., viii : 159.) 

* Scogan's Jest Book, one of the most popular chap-books of the six- 
teenth and seventeenth centuries, is reprinted inW. C. Hazlitt's Oid Eng- 
lish Jest Books— 'London, 1866. One of the tales in the book is " How 
Scogan told the hunter he had found a hare," p. 82. 



76 RHODE ISLAND HISTORICAL SOCIETY. 

there are, other Inconvenyences, of a seconde sorte, which 
Concerns, perticuler persons. This fenceing, In, of some, 
doeth soe fence out, others, as y', I heard one say, y' he 
knew not how (comfortablely) to subsiste, in his presente 
dwelHng, (when, this neck, shall be fenced in) 

Off others, I have heard this, y' y^ dwelling, of others 
upone there Intended howse shares ; would be, alltogether, 
Inconvenyente 

Now, y* men should urge, Theire unnesessitated, Con- 
venyence ; Notwithstanding some mens, such Nesessi- 
tated Convenience, I cannot see it, an equall spiritte, but, 
when this, shall come, to be debated : I suppose, such 
will speake, for themselves, more fully 

A 3^ sorte of Inconvenyences with respecte to y= fenceing. 
firste, Thoughe, It be but a litle fencing, to soe much 
land, yet. It is a greate deale of fencing, with respecte to 
presente ocations, & y« need men have of Corne : which, 
this fenceing will hinder, for this Consider, y* such as 
lacked land, for corne, had a late, supply : & is not yet 
Improved, therefore. It cannot be present wante, of land, 
but of sattisfactione : which land cannot give ; y^ ey is 
not sattisfide with seeing 

2ly This long fence, will take up much Timber : & will waste 
much woode : which y^ Inhabitance, will Improve (If 
They had it) In time to come 

A 4th sorte of InConvenyences Respecting woode, firste, 
some mens, wood, will fall far of : when, y« land is fenced : 
& devided 

2ly It may be of such as have noe drafte : & then, what a 
trouble y' will be, Judg, Now : leaste, in time to come, It 
become some of your owne Cases That are soe forward 
now : not to Judg of others Inconvenyences, for, with 
what Judgment, ye Judg, ye shalbe Judged. &c 

Object, we will devide it, by lotte, & then, Everyman : willbe 
contente. 

Answer, Consider, for, y^ Olde Planters, will, you say by lotte ; 
what meane you ? y' all y« Olde plantters, should devide 



HARRIS PAPERS. 77 

by lotte, with y= new ? If, you Intend soe, they will ob- 
jecte ; Not only, y^ olde proverbe (firste come first 
served ; but y' olde Law ; or former unyvertiall founda- 
menttalle, Combynatione : & agreement, yS every man 
should have his Righte In turne. Reade y^ Combyna- 
tione ; Now, as noe new notione (Can Lawfully) Take 
away y« olde plantters, proper Intereste, neither can it y 
Apurtenances thereof, 

Neighboures, (In generall) here you may with us Take 
notetice of y^ foresayd 13 Inconvenyences & deliberatly 
Consider : & may be, you may see more Inconvenyences, 
in it then we; laying aside some perticuler Intereste, 
Concerneing self, which makes, us often mistakene ; In 
our owne Cases Every way of man, is Right, (in his 
owne eyes) 21 prov* 

If Any man shall say. It will be, noe damage to me. 
I Answer (Derectly) It will not, but, for such, sakes, as it 
may be, Therefore I speake. Opene thy mouth, for the 
dumbe. In y% cause of all such &c 31 prov & open thy 
mouth, Judg Righteously : & plead y« cause &c v 9 1 
Theyres & youres ; (for Every Right end 

Williame Harris 

[From MS. Providence Town Papers, vol. v: No. 01 122.] 

22 

Providence Men to Newport, Portsmouth and 
Warwick, 10 June, 1667. 

The ffirebrand t discovered 
In a brief narrative or remonstrance to the three townes in 



* Proverbs, xxi : 2. 

t Proverbs, xxxi : 8-9. 

tThis was a favorite term of Williams, as applied to Harris. In his 
George Fox dig^d out of his Burrowes — "^osX-on, 1676, p. 205, he speaks 
of " W. Harris (a Fire-brand of Town, and Colony & Country)." 



78 RHODE ISLAND HISTORICAL SOCITEY. 

this Collony of Road Hand & Providence plantations, Vid, 
Newport Portsmouth & Warwick declaring both his name 
nature qualities & Conditions as apeareth by some of his former 
& later actions in this town & Collony — 

I fifirst his nature, he is like the Salamander always delight- 
ing to live in y^ fire of contention as witnesseth his Severall 
Suits in Law for these many yeares together to the great 
disquiett & Cost to this Colony & burden to this poor towne 
as appeareth by callinge out for rates although he most 
endevoureth to cover w'l" cryinge out aloud a 

rate for John Clarke * but his covering is not large enough 
to hide y^ matter fro us for there are other wayes of dis- 
posall then to m'' John Clarke : ffor there is none amongst 
us hath refused to pay y^ rate for o'' honoured 

ffriende m"^ John Clarke as may in time further appeare 
when audited he yet further declares his conditions & 
nature for he laitly said he had laid Some of o"" neighbours 
lands & went to one of ther & challenged him to worke 
upon his land Saying I have laid out yo*" land gon therfore 
& work & I will arrest yo" upon an actione of trespass or 
else sayd he I have appointed others to work & soe yo" 
arrest me & I will answer yo" but neither of th 
would o"" neighbour doe to satiate this mans humour : then 
doth this man indict at the late Court, but the men y* were 
to judge were soe wise as to stopp his burning by an Igno- 
ramus. 



* At the October Session in 1664, the General Assembly had levied a 
tax of ;^6oo to reimburse John Clarke for his expenses in obtaining the 
Charter (/?. I. Col. Rec, ii : 77). Warv>ick protested against this rate, 12 
December, 1664 (Idem, p. 78), which drew forth from Roger Williams a 
long and powerful letter, i January, 1666, in favor of the rate {R. I. H. S. 
Pub., viii : 147). Warwick replied to Williams, 20 February, 1666, and to 
the General Assembly, April, 1666 {^MS. Copies of Warwick Records, pp. 
13, 14 ; R. I. Col. Rec, ii : 142). The Assembly appointed a Committee in 
September, 1666, to see to the collecting of the rate, and it was Harris's 
activity in serving upon this Committee that earned for him the enmity of 
Warwick. The rate was still ungathered as late as May, [671 (/?. /. Col. 
Rec, ii : 28S, 359, 380). 



HARRIS PAPERS. 79 

2 his nature qualities & Conditions doth further appeare he is 

a Quarilsome man as in the case of Adam Goodwin in by 
past yeares for this man beinge then an officer in this 
towne fell on the sayd Adam & beate him in the open 
street for w^'' this towne resolved & put him out of their 
civell society untill he gave the satisfactione : but to this 
day he hath not done it although often called on about it.* 

3 he is like y« raging sea castinge forth mire & dirt : & from 

men of high degree throughout the Collonies to men of 
lowe he scarse spareth one as may easily appeare : but he 
casth on them foole knave, rascall, base fellowe, scoun- 
derill or the like : & Soe full of his threats amongst us as 
if he were a schoolmaister over his boyes or an overseer 
over negers y* truly it is a Shame for Civell men to repeate 
the filthines that commonly "^ceedeth out of this mans 
mouth. 
4. this late unparelleld actions maketh this ffirebrand appeare 
by taking goinge w*'' all & every officer in this towne 

excepting towne Clarke to take away by distrainte nine 
shillings 3 pence fro a poore man in this towne, by his throw- 
inge the poore mans wife over a fence of 4 rayles twice 
which made her cry out take o'' goods but abuse not my 
husband : by bindinge by his comandem* the hands of the 
said poore man behinde him w**^ a & hurrying him 



* There is another reference to this episode in a Remonstrance, written 
by Williams on behalf of the town of Providence, addressed to the 
Governor and Council, 31 August, 1668 {Prov. Rec, xv: 121-124): "Har- 
ris, he now forceth us to rememb"" yt it is about 24 years since he was 
disfranchised & cast out from ye Assembly of his neighbo''s in Town 
Meeting for assaulting a neighbo'' & blood shedding in ye Kings high way 
in yt streete, & for a furious maintaining of such a practice." Another 
reference is in Williams's George Fox digg'd out of his Burrowes — 
Boston, 1676, p. 206: "He hath been notorious for quarrelling, and chal- 
lenging, and fighting, even when he pretended with the Quakers against 
Carnal Weapons ; so that there stands upon Record in the Town-book of 
Providence an Act of Disfranchisement upon him for fighting and shed- 
ding Blood in the street, and for maintaining and allowing it (for ought 1 
know) to this day.'" 



80 RHODE ISLAND HISTORICAL SOCIETY. 

downe alonge C streete almost a mile in that sort as if the 
man had been a murderer, but the foulenes of this matter 
will be more made manifest in its place, wee questione 
not : & the '^test against this man by o"" towne deputies 
that he should not be ingaged nor his "^taker till the 
matter was (cleared) vindicated. 

His actions amongst us the y^ of this instant June 

beinge the day of this townes electinge of towne officers 
maketh this ffirebrand further appeare : who w"^ his '^tener 
W"" Carpenter deprived a great number of free men 
libertie to vote for officers 20 some of them had 

been townesmen 26 yeares all of the above 18 yeares of 
age & landed men & had given there ingagem'^ of fidelity 
to his majestic according as is '^vided in the Coloney : The 
objection why they shoulde not vote was, they had not 
given there ingagem*^ before the towne, then one steps 
forth & desireth to give his ingagem'^ there that also 
they refused. Another objection there names were not 
returned to the Clarke, that the assistant tendered by a 
list of there names to be recorded that had given there 
ingagem's y' was also refused.* Soe that this man w"^ 
his '^tner would neither accept them y' were ingaged nor 
let him ingage (that offered him selfe) before them) : w* 
they woulde have we nowe begin to see. The people be- 
holding their liberties & p''viledges (by these men) endev- 
oured to be violated & destroyed : beinge about two partes 
of the risolveed not to indure it. But moved m"" ffenner 
assistant to Stand with them to helpe to maintaine there 
p''viledge & to worke they went to the business of the 
day & choose there moderator in the same roome the towne 
Clarke & Constable & when they were ingaged demanded 
the towne bookes to be delivered to the towne Clerke 
chosen by the major part of the ffreemen of the towne : 
This man w*'^ his associates having gott y^ table denied the 



*"The Names of those who have Engaged Alegance to his Majestye 
. . Recorded the 31 of May i666[7],"' are in Frov. Rec, iii : 101-102. 



HARRIS PAPERS. 81 

Books, the Sayd Arthur ffenner moderator in the name of 
the towne demanded them three distinct times & one of the 
dared the Company to touche the Books : but we dared to 
doe it onely we did knowe it would but add fewell to the 
firebrand w*^"^ woulde doe no good neither to Collonie nor 
towne. Remembring y* o"" is watcht for round about 

us ; & chose at p''sent another way, "^cured pay recorded 
o"" act & officers compleating y^ busines of the day (as in 
respect to the election) & Chose 4 men to draw this remon- 
strance to the three townes that if it be possible this ffire- 
brand may be quenched. Moreover this man whilest we 
were peaceably acting (his associates having left the roome) 
came againe & Comanded the Said Moderator of the towne 
about ten times (in his majesties name to depart that howse 
from the routt soe that w''^ us the Case lieth thus, that 
when we meete together in peace to agree about o"" occa- 
sions not warned by this man or his partner we are called 
by him a rout : & when warnedby them & doe not as this 
man woulde have us we are then also tearmed a rout, what 
other fiery worke this man will yet make we watch to See 
that we may quench it if it be possable * 
But by this time we Suppose yo" will be ready to questione 
as Ahashuerus did to the Queen Esther who is he that 
durstt p''sume in his heart to doe Soe. wee answer w*'^ 



*The records of the two rival town meetings on June 3, 1667, are in 
Prov. Rec, iii : 102-106. Harris having been elected moderator, refused 
to allow a good proportion of the townsmen to vote, whereupon his 
opponents withdrew and held their meeting with Fenner as moderator. 
Roger Williams was one of those chosen by the Harris party to make up 
the Town Council. At the Fenner meeting it was " Voted and ordered 
that ffowe men be Chosen to Draw up a Remonstrance to present to the 
other thre Townes of this Colony . . . and with all Conveniant speed 
to send it: to declare the Illeagall and unjust proceedings of several! per- 
sons at this meetting endeavering thear by to prevent the Leagall choyse 
of the officers for this towne : and also ffarder to declare as in thaye wis- 
dome they shall see Cause. 
The ffowre men Chosen by this Towne to draw up the abovesayd Remon- 



82 RHODE ISLAND HISTORICAL SOCIETY. 

Esther, the adversary, the enemie,* the ffirebrand : is this 
wicked Harris : comonly called M'' William Harris this is 
his name. 

Stay neighbours, be not moved, remeber that sayinge y^ 
wringinge of the nose bringeth forthe blood Soe the forcing 
of wrathe bringeth forth strife,! we have borne w**' 
these his manners these many yeares but we cannot 
be Silent any longer he compelleth us thus to trouble 
yo", if it were yo' case as it o"^ what lesse woulde 
or coulde yo" doe then tell yc neighbours & ffriends how 
it fareth w**^ yo", if the like exercise fall to yC share (w* we 
desire not) we shall at least be willinge to give yo« audience 
halfe an hower this thinge wee onely desire of yo" is to 
beware that none of yo^ Strengthen the hand of wicked- 
nes — 

The Common peace of yo" all we desire even when all 
the worlde (rounde about us) is in tumults : & wee shall 
endevour after peace to keepe it if it be possible : ffor the 
Towne of Warwicke in the Name and by the appointment 
of the towne of Providence 
Providence y^ io*'» June : 1667 : Arthur ffenner 

John Throckmorton 
the marke of X Thomas Hopkins 
Shadrach Manton 

strance are vizit M"" Arthur ffenner, M^ John Throckmorton seinior 
Thomas Hoppkins seinior Shadrach Manton." 

Harris called another meeting on June 24, for the election of deputies to 
the Assembly, whereupon his opponents held a meeting to elect their 
deputies on June 26. This brought the matter before the General Assem- 
bly, which met at Newport on July 2. The matter was warmly debated 
(see R. [. Col. Rec, ii: 199-204), and the Harris party were outvoted on 
every question. On motion of Warwick, it was voted further that as this 
Assembly had been called at the instigation of Harris, he should be fined 
^50 towards the expenses of the meeting. Harris was also ordered to be 
discharged from his office of Assistant. At the election of May, 1668, 
undoubtedly through his influence with the Quakers, he was reinstated 
and Fenner was dropped. 

*Esther, vii : 5-6. 

t Proverbs, xxx: 33. 



HARRIS PAPERS. 83 

For M"" John Greene of Warwicke assistant to be communi- 
cated to the townes men of Warwicke these p''sent at his howse 
at Passuatuxett ^ a ffriende 

[From MS. Copies of Warwick Records, p. 15, in R. I. Hist. 
Soc. Liby.] 



23 

Harris to Nichols [July, 1667]. 

Endorsed : — M"" Harris to Coll Nicolls [in another hand] 

Right HonnoLirable, Gouernor in Chiefe &c., May it please 
your Honnoure to bear with my bouldnes this second time be- 
ing still very much opresed & yet more then when your Hon- 
nour Required The Gouernor & Asistance of his Maiestys 
Colony of Rhode Island & prouidence plantations to put a 
speedy I sue acording to law as to a certaine execution granted 
on my behalf against John Harrud for though y^ Gouernor & 
Asistant with y^ rest of y^ Generall Asembly did enact y* y^ 
sd execution should be speedely executed yet soe it is y' y^ 
ssearjeant hath to this time neclected * it not withstanding I 
have ever since petitioned y^ Courts yet I haue noe relief to 
this time & y^ first tuesday of this Instant July Complayned 
to y^ Generall Aturny of this Colony y^ he would prosecute in 
be half of y^ Kings Maiesty y^ neclects of y^ sd ssearjeant yet 



* The General Assembly, July 2, 1667, voted : " Whereas, James Rog- 
ers, Generall Serjant, hath been charged by William Harris, assistant, 
for neglect of his office in not serveing an execution at Mashantatutt, the 
Assembly haveing duly scanned the matter, doe finde him not guilty of 
the charge, ist. Because it was stopt by the said William Harris's 
consent. Secondly, because the sayd Harris did put a petition in May 
last to the Assembly concerning the sayd execution, which was referred 
to the next Assembly followinge." (7?. /. Col. Rec, ii : 205.) There is an 
interesting account of what happened when Rogers again tried to serve 
the execution against Harrud, three years later, in No. 28. 



84 RHODE ISLAND HISTORICAL SOCIETY. 

neuer y^ les y^ sd ssearjeant see roughte his owne ends by y'' 
men of Warwick our aduersaryes in law & y^ sd ssearjeants 
kindred being of y^ late sd Asembly did declare y^ sd ssear- 
jeant (not guilty) of y^ neclect of his offece though y^ sd 
execution be not serued moreouer y^ Asembly this instant 
July hath enacted contrary to y* Assembly act March 1666* 
commanding y« sd execution to be executed & our Adersaryes 
being of y^ sd last Asembly haue procured y^ sd Asembly to 
enact y* y^ act in 1666 for y^ speedy execution acording to your 
Honnours command was a Ceruptitious act &c, Si soe I become 
wonderfully opressed & haue no releif hear as yet Allsoe y^ 
men of Warwick, Thomas Relfe, William Burton, & Roger 
Burlingham, haue been Indicted of forcable detaynor of my 
land & for houlding by force what they haue biult ther on & 
though y« bills of Indictment haue been found true bills & y^ 
sd persons mandamuses to apear yet apear not but continew 
theyr force & ther remayne & I can get no protection against 
them to my moste extreame oprestion & y^ great dishon[ ] 
of Justice ; Let not your Honnour be Angry at my many com- 
playnt[ ] once more I am forced to trouble you with this & hum- 
bly pray your p[ ]ence, for y^ on y^ third of June last y^ free 
Inhabytanc of Prouidence wear mett to Choose Towne offecers 
but certaine persons who had not [ en] y^ Ingagement of 
Aleagians to his Majesty (lawfully) they would haue in theyr 
Voats to choose offecers which y^ law of y^ Colony forbids the[ ] 
we denyed them whom one M"" Arthure ffener Incoraged y« sd 
M' ffener [ ]ing An asistant but M"" William Carpenter & 
my self in obedyenc to y^ law [ ]fused them, wherfore y^ 
sayd M"" ffener & others with drew themselues from [ ] y« 
lawfull Asembly of which themselues wear vntill they with- 
drew out of y^ howse a while & then came in againe & began 
an other meeting & disorderly acted therein & ther out thoes 
offecors &c & vsed much unpeaceable behauiour & obstructed 
y^ law & ye preseruation of his Maiestyes peace of which dis- 



* See J^. I. Col. Rec, ii : 143-144. 



HARRIS PAPERS. 85 

orders M"" Carpenter & myself made complaint to ye Gouernor 
& asistants after y^ foresd M-" ffener & y^ rest had sent forth a 
remonstrance ; * The Gouernor &c haueing seen theyr remon- 
strance to the three Townes ; & our complainte to himself 
called an asembly (after which) I presented a complainte to y^ 
Generall aturny y* in y^ Kings behalf he might cause y^ sd 
M"" ffener to answer for his unlawfull asembleing y^ sd route ; 
The sd aturny caused sumons to be sent to y^ sd M"" ffener to 
answer &c & y^ sd M-" ffener pleaded (not guilty) & by y^ help 
of six Warwick men, a kinsman (soe called) of M'' ffeners, & 
some kinsmen of y^ ssearjeants, soe by major voat of y^ Asem- 
bly, ye sd M'' ffener was found (not guilty) (without any proof) 
but ye testamony of some of y^ sd route, (Against y^ testa- 
mony of two Asistants,! for & in behalf of his Majesty : in 
obedyent to y« law ; And he being soe found, (not guilty) my 
adersaryes in y^ law y^ men of Warwick, & y^ kinsmen of y^ 
sd ssearjant, & M'' ffener, & his partty, without any originall 
writ exhibited against me, (not soe much as demanded whether 
guilty or not guilty, nor of what, Alowed noe exceptions nor 
Challenges (against my Aduersarys & partys in y^ sd route, & 
by them in y^ major voat of y^ Asembly, my aduersarys I say 
& parttys in y^ sd route, I was condemned, (though I only 
complained to y^ sd Generall aturny & in y^ kings behalf witt- 
nesed, with M"- Carpenter, yet fined by y^ sd Asembly fifty 
pound, & ye ssearjeant y* is not by y^ sd asembly required to 
serue ye execution on John Harrud in my behalf, but found 
not guilty of neclect therin (thoughe he did not obey ye act of 
ye asembly 1666 &c. yet he is commanded by ye last asembly 
to leuy fifty pound on my goods or catell within three months, 
& wher as his fee of others is but two shillings vpone ye pound, 
he is commanded to take 4^ vpone ye pound of me, therfore, & 
for these further Reasons ; first, ye (noe Cause) of ye sd fine, 



* See the preceeding document, The Firebrand Discovered, for a note 
on these rival town meetings. 

t Harris and Carpenter. 



I 



86 RHODE ISLAND HISTORICAL SOCIETY. 

2 ly (If cause) yet not, (of an unreasonable fine, for, (If a 
route) ye fine is but 5^^, & 14 dayes Imprisonment (for leser 
routes &c & for greater 16^ fine, & a monthes Imprisonment : 

3 ly The Asembly was called before I mad any complaint (to 
ye Generall aturny, Therfore, (not y* complaint y^ cause of y^ 
asembleing ; And in his Maiestyes gratious Charter giuen us, 
aloweth only reasonable fines & mullts ; Therfore, I humblely 
pray your Honnours Prohibition of y^ execution of y^ sd un- 
reasonable fine ; for noe Just cause ; And pray, y' before I am 
condemned I may haue a fayr tryall of 12 lawfull men & be 
alowed my lawfull challenges, & y* not y^ major voat of y^ 12, 
but all ye 1 2 may agree, or els noe lawfull verdict ; And pray 
your Honnour for Relief in y^ rest of my fore sd wrongs ; for 
thoughe my aduersaryes condem me vnjustly, yet seuerall of y® 
wiser, & honnester sorte of men doe Judg I am wronged (viz) ye 
Deputy Gouernor,* M"" John Easton Asistant & generall atur- 
ny M"" William Carpenter Asistant, M'' Benjamine ssmith as- 
istant, & M'' John Clark one of ye asembly with ye foresd, of 
which I haue proof,! And I doe not comeplayne against y* 
reasonable but, vnreasonable, & pray Relief against them ; & 
lastly I humblely pray your Honnour, to apoynt some wise 
Impartiall men, of ye neighbouring Colonys y* may end all 
defferences betweene ye men of Prouidence & ye men of Pa- 
tuxcet, & between ye men of Warwick & ye men of Patuxcet ; 
for ye sd defferences are greeusious to many & to me, whoe 
pray God, & your Honners help ther in, & your petitioner 
shall allwayes prayes God, & be thankfull to your Honnour, 

William Harris 
To Coll Nicolls t [in same hand as heading] 

[Transcript from the original in the British Public Record 



* Nicholas Easton. 

t Carpenter and Smith presented formal protests, dated 9 July, 1667, 
which are in 7?. /. Co/. Rec, ii : 213. 

X Nichols answered Harris's appeal by a remonstrance addressed to 
Gov. Brenton, whereupon the Assembly revoked the fine {R. I. Col. Rec, 
iii: 233, 237). 



HARRIS PAPERS. 87 

Office, London, Colonial Papers, xxi : No. 86. See Sainsbury, 
Calendar of State Papers, America and West Indies, 1661-68, 
no. 1534.] 



24 

Calverly to Gov. Arnold, 20 July, 1669. 

Endorsed by Harris : — A copie of a letter from Calverley * 
to y^ Counsell July 1669 as to meshuntatack 
proveing he & they hold by force y^ s'l land, therfore trespasers 
Claymeing y^ title under publique test to be used to y^ s'J end 
ye 17 of N5v 1677 

Hono'^'J S-". 

Heareing that there is a generall Councill called, I thought 
good to write unto you touching the matters between William 
Harris &c and those of Mashantetate &c hee hath of late ob- 
tained to have a Law made,t that by Execution John Har- 
rude &c shall bee dispossessed of the house he now dwells in, 
and William Harris to have the possession delivered to him. 
Except Edmund Calverly. and William Harris doe give it un- 



* Edmund Calverly, of Warwick, had served as town clerk, and as 
deputy to the Assembly. He was one of the leading purchasers of Ma- 
shantatack. 

tThe General Assembly, 14 May, 1669, {R. T. Col. Rec, ii: 253) had 
voted that " M"" William Harris having made friendly tenders of com- 
posing the difference betweene him and Edmund Calverlye, John Harrod 
and others concerning . . . Misshantatacke, and the Court being 
wearied with the incessant clamours and complaint concerning the differ- 
ance ... if the said [Harris and Calverlye] doe not joyntly, and un- 
der their hands in writing, declare unto Joseph Torry, gennerall Recorder, 
that the said difference is issued and ended by their mutuall agreement 
before the last day of September next, that then the said generall Re- 
corder shall, upon his great perrill, give forth a writt of execution . . . 
against John Harrod or any others with him, keeping possession of the 
lands premised." 



88 RHODE ISLAND HISTORICAL SOCIETY. 

der their hands to the Generall Recorder that they are agreed 
by the Latter End of September next ; I have indeavoured 
by answearing his writeing, in as peaceable manner as I could, 
to have had some discourse about the matter of difference be- 
twix us To see if we could come to some peaceable Issue if it 
might bee to stop manslaughter, if no bloodshed & Murder, 
on the one side or the other, which may bee Comitted in case 
hee driveth on the way he is goeing, but he answeareth mee 
that hee will not meet at the time nor place, which was at M*". 
William Carpenters house at Patuxet on Thursday the 8**^ in- 
stant in the forenoone, neither then nor there, nor at any other 
time and place, but if I will an swear to his proposalls in write- 
ing speedily I may, otherwise hee will not treat nor talke with 
mee, now soe it is that I doe not Judge it any way safe for 
mee to answear him in his proposalls. That is to say wee 
must picke & pole the Country to finde out men that may 
Judge whether the Court or Courts of this Colony have done 
right or wrong (It will bee made appear that he hath boasted 
saying Mashantetate is the Portch, and Warwick is the house, 
that he doubts not but Yer Long, hee shall Enter the Porch, 
and then hee shall Easily gett into the house, which Porch if 
hee doe assay to Enter, I am afraid as aforesaid of some sad 
Events, therfore I doe desire you will forewarne him from 
comeing there in Order to dispossess any of the Inhabitants In 
that Plantation either English or Indians ; can any rationall man 
thinke that the Kings Mati*^ will approve or take it well that Wil- 
liam Harris &c shall bee allowed to swallow up whole Townes 
& Plantations, The Kings Province and all, and noe man stand 
up to plead for the Kings Peace & intrest in his Province I 
doe deny his "^tended title &c of up streame without Limits, 
or as farr as he pleaseth in the Kings Province, And alsoe doe 
deny to goe to any arbitration with him in that matter, have- 
ing allready brought my apeale before the Kings Mat'e and 
aproved on by a Law of the Colony, and a decree pro tempore, 
sent unto mee by the procurement of William Harris, from & 
under three of his Ma^^s Hono'"'^''^ Comissioners hands ; and 
doubt not but to prove, if I bee forced thereupon, that their 



HARRIS PAPERS. 89 

Comission to act heer in this matter, was, & will prove as good 
as the Comission by w^'^ o'' Hono^'^ Governo'' & Councill, doe 
act by, in any part of the Kings Province ; Thinke you that 
the Kings Ma'^'= hath delivered us up to bee William Harris' 
his slaves & vassalls, I hope not. And doe alsoe hope if I bee 
forced to seeke releife against his vile & wicked practices (that 
I shall finde some) and make the records of this Colony, prove 
him such a one, as his Neighbo''s report him to bee, and shame 
those that are his abettors, is it not high time to cry, help my 
Lord oh King or Wee are all undone ; 

Honoi'd Gentlemen before I bee forced to Lay open the sad 
Condition that the proprietc^ of Mashantetate, are in thinke 
of what the Event will bee at the Winding up of the matter, 
We have by arbitration tryed and done what wee can, to our 
great charge, trouble and damage, and it will not doe any 
thing. Except wee bring the Indians into bonds w* us which 
wee cannot, nor dare not doe, for they depend upon the Kings 
Msy^ for protection ag* William Harris, and all such as he is, 
They tould the arbitrato''s that hee had cheated them, for they 
confirmed noe more then Myantenomy or Chepasotem * 
granted to M'' Williams Therfore I desire Wee may have as 
much Injoyment of the Kings Comissioners orders, as any 
other plantation on the Maine hath ; And if ther orders & 
acts are good for others, to hold their Land by &c why not for 
us, But laying all heat aside. If as William Harris Promiseth 
in his writeing, that hee will follow mee to England, Then to 
Arbitration or Law Wee will goe, When we come there, as 
the King or Councell shall direct against whome I hope hee 
will finde noe Objection, and Let the Colony bee in peace the 
meane time for I wish the peace thereof ; soe with my humble 
service to you, hoping to have some return from You, I rest 
Vol's in behalfe of all that are concerned w'^ mee in the pur- 
chase of Mashantetate &c 

Warwick y^ 20* of Edmund Calverley Atorney & a 

July 1669 Propriety alsoe ; 

* [Canonicus ?] 



90 RHODE ISLAND HISTORICAL SOCIETY. 

To the Hono"''^ Benedickt Arnold Esqu'' Governo'' of the 
Colony of Road Island & Providence Plantations att his house 
In Newport on Road Hand to be comimicated to the Councell 
of the Colony aforesaid with care & trust 

These deliver. 

A true Copie compared w* the Originall remain- 
ing among the Councills papers as is attested this 
27* of July 1669 

"^ Richard Baily Secretary 

[From Moses Brown Papers, vol. 18, No. 227.] 



25 

Town of Warwick to Providence, 13 September, 1669. 

Addressed : — Thes to be delivered to M"" Henry Browne 
towne Clarke * of Providence to be Comunicated to y^ towne 
at the towne meeting 

Gentlemen, your remonstrance bearing date the 30* of June 
1669 was read in our Towne meetinge y^ 6* of September in- 
stant and havinge heard the uncivill Cariages of William Har- 
ris &c therin inceited wee could not so easily have given credit 
therto but that the former Generall asembly of this Collony 
havinge found the truth of Such matters have declared ag^* 
him so as not to bee fit to beare office for the future by reason 
of such like practises as your remonstrance, doth declare, wee 
cannot [but bee deeply Sensible (as members together with 
you of one boddy) of or sufferings together with you herin 



* According to the original record book Shadrach Manton had been 
elected Town Clerk on June 7, 1669, and was mentioned on July 27 as 
still holding the office. The rivalry concerning town officers evidently 
had not ceased. On April 2, 1670, the town met upon advice of the Gen- 
eral Assembly and elected new officers, John Whipple being chosen Town 
Clerk. {Prov. Rec. iii: 147-149.) 



HARRIS PAPERS. 91 

and the rather because it is a Sleightinge of his majesties 
propositions Sent to us by his Honorable Comission for a per- 
son So barbarously qualified to bee imposed on us, Wee much 
marvaile how hee escaped beinge indicted for a common barra- 
tor since Such practises renders him liable but there is no per- 
son so vile in any government but shall find some abettors al- 
though they dare not cary on their designes so boldly and 
openly as amongest us Wee are not altogether without hope 
that the boddy may bee yett purged of such peccant humours 
and may againe vomit out their former resumed vomit either 
of their owne acord or else by the prudent care of some Skil- 
full Phisistians and therfore are willinge to waite with you for 
the Season and in the meane time desire as neighbours and 
friends to condole with you untill a reformation doe apeare in 
order wherunto we have writt to the Governour & Counsell, 
So with our respects to you all we take leave. 

Signed by order & apointment of the 

Towne of Warwicke — 

E C Towne Clarke * 
Warwicke this 13*^ of Sep 1669 

[From Copies of Warwick Records, p. 22, in R. I. Hist. 
Soc. Liby.] 



26 

Whipple and Olney, Testimony, 16 October, 1669. 

Endorsed by Harris : — Dextors & wickendens act to take 
away y^ purchasors lands as a law acording to Dexters equall 
conclutions as he calls them 16 octo 1669 y^ witneses John 
whiple & Epenetus Olney under y^ test of Thomas Olney 

Joh Whiple of providence Jun"" Aged 29 yeares or there- 
abouts being ingaged Testefieth 



* Edmund Calverly. 



92 RHODE ISLAND HISTORICAL SOCIETY. 

That upon the 21 day of Januarey in the yeare 1667 : 68 (he 
haveing heard befor) that there was to be a meeting at the 
howse of Wilham Wickenden ; unto the which howse this de- 
ponant saith he went : where he found several! of the inhabi- 
tants of providence, (viz) Will : wickenden Gre : Dexter, Arth : 
ffenner, Tho : Hopkins sen"", Resolved Waterman John field 
jun' Henry Browne Edward Smith, & divers others to the 
number of 20 in all or there about ; where Gre : Dexter tooke 
out a Roule of papers out of his pockett declareing unto the 
people that they were there mett together & therefor the first 
thing that they would doe should be to Read theire agree- 
ments, Gre : Dexter then sett to reading of one of the papers 
where he Read as an order made by them ; That all those 
who would not subscribe to their agrements ; but oppose ; all 
theire landes which formerly had been layd out to any of them, 
without the River & fieldes of pautuckett, Bewets Brow, ob- 
servation Rock, Absolute Swampe, Oxeford, Neotakonkonitt 
Hill & Hippesses Rock ;* should be liable to the desposall of 
the Major part of the purchassers, from time to time but those 



* In his " Sovereign Plaster" (see following note) Dexter mentions the 
bounds " limited in our Towne Evidence and by us stated about 20 years 
since and Knowe to be the River, and fields of patuckit suger loafe hill 
Bewits Brow observation Rock absolute Swampe oxford & hipses Rock 
& the men that were apointed to set it were Chad Browne Hugh bu-- Gre 
Dexter will wickenden." {Prov. Rec, ii : 73) Of these early boundaries, 
Sugar-loaf Hill and Oxford cannot be identified with modern localities. 
From deeds and other early records, it is possible to locate the remain- 
ing boundaries with a probable degree of correctness. Observation 
Rock occupied the site of the present Stump Hill Reservoir. Absolute 
Swamp lay just to the east of the present Louisquisset Turnpike, extend- 
ing as far north as the Breakneck Road. Hipses Rock was undoubtedly 
the high rock still standing in the three-cornered tract formed by the 
Plainfield Road, the Morgans Mills Road and the Pocasset River. 
Bewits Brow was on the west side of the Moshassuck river, and accord- 
ing to Welcome A. Greene — an authority on early localities to the north 
of Providence — stood somewhat southwest of the present junction of 
Charles and Hawes streets. 



HARRIS PAPERS. 93 

which doe not subscribe, nore opose their Lands should still 
remaine ; 

October the 16*'^ 1669 : Taken before me Thomas Olney 

Juo"" Assistant 

Epenetus Olney being Engaged testefieth, that what is 
above written is trueth he being at the same Time with John 
whiple 

Taken before me Thomas Olney jun'' Assistant 

October the 16*^ 1669 

[Harris Papers, p. 90.] 



27 

Harris to Providence Town Meeting, 15 December, 1669- 

Endorsed by Harris : — A copy of Ans to Dextors plaster 
15 Des 1669 

To y« Towne, meeting in providenc this 15th of Deserh 1669 

Wher as a paper was presented to be put upon record in y^ 
Towne book called by gregory dexter an instrument & a sov- 
eren plaster &c,* with other title &c and y^ s^ paper unlaw- 
fully forced into y^ Towne book it being allsoe unlawfull in y^ 
contence ther of and intended end by y^ foresd Dextor & 
Thomas Clement & y^ rest of y* partty ; bearing date &c, y« 



*"Salus Poppuli . . . The Health of the People . . . An In- 
strument, or soveraign Plaister, to heale the many fold present soares in 
this Towne " was written by Dexter and recorded by him, being then 
town clerk, without authority, under date of 27 April, 1653. {Prov. Rec, 
ii: 72-75. See Dorr, Providence Proprietors, mR. 1. Hist. Sac. Coll., 
ix : 66 £f.) It was afterwards presented by Thomas Clemence to the rival 
town meeting of the Fenner party on 3 June, 1667, and was by this meet- 
ing ordered to be recorded in the records of the town — where it had been 
for fourteen years. {Prov. Rec, iii : 105.) 



94 RHODE ISLAND HISTORICAL SOCIETY. 

s'^ paper, being indeed an evell instrument & poysonous plast- 
ter tending not to y^ weal but wo of y^ Towne & agaynst y^ 
peace of y^ people & place, haveing therin much open perfide- 
ous profestion in it, y* is to say, notoryously disclayming per- 
formance of ye Townes ssollem agreements with theyr neigh- 
bours profesing therby openly y* they will not keep theyr 
promeses. allsoe y^ s'^ unlawful as to common law which bindeth 
men to keep theyr promeses, violating all law therto pertayne- 
ing for ye s^ lands apoynted to any person by y^ town & by 
record therof granted is theyr undoubted Right & noe mans 
right or preveledg can any man or men take away, but by y^ 
Judgment of theyr peers in open sesions acording to due form 
of law but ye poyson of y^ s"^ plaster is such y* it would destroy 
not only y^ common law & common ^Right but allsoe y^ law of 
our lord y^ king which by his Charttor to this Collony none may 
opugne, which s'J law of England sayth That noe Corporation 
may make any law in dimenution or dishertion of y^ rights or 
prerogatives of any of ye kings Liege subjects & people but ye 
s'' poysonous plaster by one y' is noe Liege subject in & by a 
notoryous Route pretends by ye authourity therof ye deminu- 
tion & dishertion of our Rights in lands lawes, ye Common 
law, statut law of England, & our Rights in Magna charta soe 
soundly confirmed by 32 parliaments to all ye Kings Lieges 
people denying hereby & herby his Charttor of England, & ye 
foundamentall lawes of this his Collony, in all which consider- 
ations, and yt ye trespasors against Magna charta shall by ye 
law of England be inquired into &c, I not only take my self 
bound to protest agaynst ye s'l poysonous plaster but also to 
complayne of Gregory Dexter for his notoryous crime against 
ye kings law & peace ; And against ye s^ piaster &c by Dextor 
& Clement against ye s"^ plaster &c by by Dextor & Clement I 
protest and desire this my protest may be recorded I protest * 

William Harris 
[Cushman Papers.] 



* The town met this same day and voted that : " having veued a Coppie 
of the said Record and Considdering the same the Mater Contained 



HARRIS PAPERS. 95 

28 

T. Harris, Testimony, i May, 1670. 

Endorsed by Harris : — Toleration Harris witnes y' John 
harrud wicks &c Resisted Execution at meshuntatack 21 
aprill 1670 

Toll oration Harris aged 25 yeares or there abouts being 
Engaged testefieth 

That upon the 21 day of Aprill in this presant yeare 1670: 
hee goeing along with James Rogers Gennerall Serjant unto 
Mashantatat where John Harrud dwelleth, the sayd serjant 
goeing thither to serve an Execution * agaynst John Harrud, 
but when thither the came, and about tenn rodd of from the 
howse where John Harrud dwelleth, the sayd John Harrud 
called to them & bid them to stand, he the sayd John Harrud 
standing by the sayd howse, & presented a gunn at them 
Comanding them in his majestyes name to stand, telling them 
if they would not stand hee would shoote them ; The serjant 
then demanded of John Harrud to deliver possession of the 
howse unto him, that he might state William Harris therein, 
But Harrud smiting his hand upon his breast answered that he 
would not yeeld possession whilst he had life in his Body 
There being presant John Weekes Sen"". Edmund Calverley, 
John Weekes jun*" Benjamin Barton, Roger Burlingham & 
divers others in all to the number of ffifteene or there abouts ; 
And when John Harrud declared himself that he would not 
yeeld possession whilst he had breath in his Body, John Weekes 
Sen"" : Reply ed that it was well spoken ; the said John weekes 



therin doe ffind it to be most Destructive to the peace of our plantation 
and the joynt agreements of our towne and the orders therof the Which 
the Towne taking into seirious Considderation doe find the said matter 
to be utterly unwholesome and illegall and doe herby Declare the said 
Record to be Wholly voyd:" {Prov. Rec, iii: 149.) 

* This execution was in accordance with the order of the General As- 
sembly made 14 May, 1669. (See note on p. 83.) 



96 RHODE ISLAND HISTORICAL SOCIETY. 

sen'': John weekes jun"": & Edmund Calverley Encouraging the 
sayd John Harrud not to yeeld possessio but with Cudgells in 
theire handes stood in resistance of the Execution 

May the first i670 : Taken before me Tho : Olney jun"" : 

Assisst : 

[Cushman Papers.] 



29 

T. Harris, Testimony, i May, 1670. 

Endorsed by Harris : — proveing E Calverley did declare 
himself a Constable at meshuntatack at y^ time y^ execution 
was read 

Tolleration Harris aged 25 yeares or there abouts being En- 
gaged testefieth 

That upon the 2i day of Aprill in this present yeare 1670 : 
hee goeing along with James Rogers Gennerall Serjant to 
Mashantatat who went to serve an Execution against John 
Harrud ; & when the Gennerall Serjants warrant was read, 
Edmund Calverley declared himselfe to be Cunstable of Mas- 
hantatat, drawing a paper forth of his pockett declareing of 
that to be his authoritye, the which paper he read ; & as he 
read the date, it was dated in the yeare 1666. And also read 
it as being signed by John Greene Assisstant : 

Taken before me 

May the first 1670 : Tho : Olney jun"" Assiss^ : 

[Cushman Papers.] 



30 

Harris to Carpenter, 9 July, 1670. 

Endorsed by Harris : — A copie of a paper sent W Carpen- 
ter as to his bidding his son cut my grass &c 9 July 1670 



HARRIS PAPERS. 97 

Endorsed by John Sayles : — The paper whereof this is a 
Coppie was delivered to m"" William Carpenter on the lo*** of 
July 1670 by us Joseph Williams and Jo° Sayles as attesteth 
o' hands 

Jo" Sayles. 
Joseph Williams 



Patuxcet 9 July 1670 
M"" William Carpenter, on y^ 8* of this Instant July, your 
son Ephraem, or your son in law william Vincet * (as I am 
informed) (or both of them) mowed a spott of my land within 
my fence at sspecticle medow, & (I here) by your derection : 
you biding it to be done, as your land (soe sd) If soe it be, 
yt they, or either of them : did mow y^ sd gras (ther mowed) 
And by Vertue of your claimeing y^ title of y^ s<J land ; Then, 
I herby offer you, y* though it be my land, & by me long since 
fenced in, & you never demanded it of me, yet. If you will 
refer y« s^ defference to neighboures : I am willing : & redy 
soe to doe ; which If : (you be willing to) I am instantly redy 
to attend it, & to put y*, or any other defference in arbytra- 
tion ; but, herby forbid you, or them, or any other, to come on 
ye s^ land : to take away y^ s^ grass cutt (untill) y^ land be 
Adjudged yours by an Award, or verdict ; And you may re- 
member, your aptnes to wrong me And not be soe redy to 
commit a force against me. That have soe endevored to de- 
fend your Rightes, to my soe great cost, as you (may know) 
& y^ procureing from others soe much enmety for your sake 
(as to your peculyer Rightes, but notwithstanding, I see you 
cannot Chaynge your cource toward me 

William Harris 

[Harris Papers, p. 90.] 



* William Vincent married, 31 May, 1670, Priscilla Carpenter. His 
mother, Fridgwith Vincent, was own sister to William Carpenter. 



98 RHODE ISLAND HISTORICAL SOCIETY. 

31 

Harris to Arbitrators, i8 July, 1670. 

To William Carpenter, & y^ Arbytrators 
ffor as much, as william Carpenter : hath acknowledged, 
That a spott of land within my fence about specticle medow : 
was cutt by his derection : & as he claymeing y^ propriety of 
ye sd land, cutt by his son Ephraem Carpenter, & his son in 
law william Vincett, Which s^ land I Clayme as my propriety ; 
yet, never y^ les, I have offered to Refer y^ sd defference To 
Arbytration ; he haveing chosen Thomas Olney ssenior, & I 
John Sayles : Arbytrators ; for y^ ending y^ sd defference, 
Acspresed in this Issue, That is. Whether ? The sd spott of 
land be ? William Carpenters ? or myne ? which sd Issue on 
(my parte) I Refer to y« two afore sd Arbytrators, & y' s<^ Is- 
sue only (as to y' matter of defference) And If it should soe 
fall out yt y^ two doe not agree theraboute. Then I am redy : 
to refer it to a lott of Gods provedence, to be desided by ; (y« 
s^ deference) whether it be his ? or myne ? or. If he be not 
willing to y' ; then I am willing : to Refer y^ choyce of an um- 
pire, to ye sd Arbytrators ; and any two of y^ sd three, to end 
ye sd deference ; And If they cannot agree on y^ umpire 
I am all soe willing. That a lott should deside y* (If we 
cannot otherwise agree) And y^ sd deference being ended, 
That each partety shall have all theyr papers from y^ Arby- 
trators & umpire which they or ether of them : deliver, to y^ 
sd Arbytrators, or umpire : (agayne) delivered to each partty 
And, That such papers as I deliver in to y^ sd Arbytrators, 
William Carpenter (If he pleas) shall have Copies therof, un- 
der ye Arbytrators hands (& umpire) (If any be) & under my 
hand allsoe. 

And I to have Copies : soe likewise of his. 

And all to be performed, acording to time to be agreed on 
(by us both) 

upon such sum, as we shall Joyntly agree to be bound in. 

iS^^i July 1670 At patuxcet 



HARRIS PAPERS. 99 

this 1 8 July 1670 William Carpenter sayth all y^ ground on 
both sides of pachaset River y* is medow or may be made 
medow was to be aded to a share of medow one Rich par- 
kers * & to many holes t up to my bridg that is from patuxcet 
River on pachaset River 

[Harris Papers, p. 90.] 



32 

Harris to Arbitrators [July, 1670]. 

Endorsed by Harris : — These papers as to william Carpen- 
ter. 

ffor William Carpenter & y^ Arbytrators &c, to read but to 
give me agayne proveing, That y« spott of meddow That wil- 
liam Carpenter Caused his sons to cutt (within my fence of 
specticle medow) is myne, & is a part of specticle medow 
first because it is one : with : & of : y^ sd medow, & not dis- 
tinguished therfrom by any bound, but, it is moste playnely 
parted (viz) y^ sd medow without my sd fence by a natureall 
dich, & upland confineing y^ sd meddow but within my sd 
fence ther is noe natureall devition nor bound of parture or 
parting (only without my sd fence) as aforesd, it is soe parted 
from yt medowes adition That was once layd out to John 
Throckmorton or Richard Parker 

If william Carpenter agayne object. That y^ sd spott cutt &c, 
is his, because it lyes on y^ side of pachaset River 



* William Carpenter, on 15 June, 1659, bought of Richard and Ann 
Parker of Boston the Pawtuxet share that formerly belonged to John 
Throckmorton. {Prov. Rec, xv: 96.) On 6 April, 1675, Carpenter relin- 
quished all claims beyond the " seven-mile line " that might in " any ways 
arise from the pautuxect Right which he bought of m"- Richard Parker." 
{Prov. Rec, iv: 23.) 

t " Many Holes " was a twelve-acre boggy meadow. Judging by early 
deeds it must have been situated on Mashapaug Brook, near the present 
city line. (See Prov. Rec, ii : 13, v : 62, xiv : 268, xvi : 334.) 

; L.ot C. 



100 RHODE ISLAND HISTORICAL SOCIETY. 

1 Answer, The adition to a share of medow called many holes 
lyes on y^ sides of pachaset River, therfore not all his on y* 
sd River 

2 ly much of specticle medow (below y* spott cutt) lyes on y^ 
side of y^ s^ pachaset River 

which was layd out (before y^ sd aditions) yea when his sd 
medow was layd out (to which sd) his sd adition was layd 
Therfore, thoughe specticle medow had noe adition (thoughe 
mieth) as well as others, yet, y^ sd should not be deminished 
allsoe, & aded to others adition when y^ s'^ specticle medow 
had none 

3 ly That he cannot Justly Challeng to y^ mouth of pachaset 
River (though formerly he hath) 

first, because he makes as If he were not certayne whether y* 
sayd lower part, adition, were aded to many holes medow or 
his y* was Richard Parkers 

2 ly from y^ mouth of pachaset River, ther is not any natur- 
eall bound y* answers therto And yet in all those layings out 
when ever we could with convenyence thoughe to some dis- 
proportion still toke when Could be had natureall boundes for 
peace sake, by clear distinction not knowing whose lot either 
mieth be 

2 ly If william Carpenter object anything y* he may pretend 
in writings in William Arnolds hand which yet I know not of, 
when I here y^ perticulers I shall make perticuler answer 

And but this at present If he have any writings as to y« 
sd fore sd aditions on pachaset River they then concern all 
patuxcet purchasors & should have been more publique then 
yet they could be made (by request) but when william Car- 
penter aboute or aboue twenty years since pretended to have 
bought to his peculyer propriety all y^ medow on y« sd 
pachaset River (on y^ westward side therof) Then he denyde 
any papers or writings of y« sd aditions to many holes medow 
& his now medow but then none of his but Richard Parkers, 
at which time I would have seen y^ sd pretended papers, (sd) 
to be in william Arnolds hands 
but for as much as y^ fore sd Arbytrators have knowne wil- 



HARRIS PAPERS. 101 

liam Carpenter Challeng his neighbours land to himself un- 
justly 

And William Arnold to have had y^ writeings ther of & deliv- 
ered them defaced & Raced * & they both partnors in theyr 
unlawfull claymes I wish good consideration & deliberation 
may be as to such papers before any conclutions be acted ther 
on or ther by, untill we have y^ copies at least ther of, to an- 
swer ther to either by consent to y^ s^^ papers or to shew my 
Reasons of dissent ther to in writing, by which y^ matter in 
defferenc & other things ther on depending may apear y<= 
more clear 

2 ly as to y^ sd papers (If such ther be) y^ say all y« medowes 
on pachaset River to y^ mouth therof shall be (on both sides) 
to ys sd share of medow, now william Carpenters once Richard 
Parkers, an'adition to y^ sd medow, except &c^ 
Then I say If such a paper be, how Ignorant of y^ s^ paper 
was william Carpenter, when he fenced a spott of medow on 
y« west side of y^ sd pachaset River, y« s^ spott beginning at y^ 
mouth of y« sd River & reacheth up beyound y' bounde he 
now sets for me on y^ east side of y^ sd River which sd spott 
he denyed then to belong to Richard Parkers share of medow 
as an adition ther to, but cutt & used y« sd spott as his owne 
by vertue of a purchase he sd he had made with some other 
Indeans (not our Grantors) thoughe by (our grantors he now 
is contented to hold it (y« sd spott) (now he hath bought y^ sd 
medow of Richard Parker) to which s^ medow y^ sd spott was 
an adition (before william Carpenter made his last purchas of 
his [Indean grantors & fenced it in as apears by y« award y* 
was by Major Hathorn & y^ Rest &c 

or If not Ignorant of y^ sd paper, then, how unfaythfull to 
his owne acts & how unjust to his neigbours & partnors Judg 
ye (If such a paper as afore sd in william Arnolds hands) (& 
he knew it) or other wise had knowledg of y^ sd aditions & 



* William Arnold had been frequently accused of having mutilated the 
original " Towne Evidence " for his private ends. (See Prov. Rec, xv : 30 ; 
R. I. Hist. Soc. Pub., i : 203, iv : 196 ; Field, Rhode Island, 1 : 30.) 



102 RHODE ISLAND HISTORICAL SOCIETY. 

yet, pretended, to buy it agayne, & see defeated : actually, y« 
sd Richard Parker, & william ffield, of theyr sd aditions to 
theyr sd medowes (for sometime) y« sd aditions lying on both 
sides of pachaset River which william Carpenter (now ownes) 
in y^ Right of Richard Parker & Challengeth more then ever 
Richard Parker did 

[Harris Papers, p. 91.] 

33 

Olney and Hawkins, Testimony, 21 October, 1670. 
Endorsed : — Epe : Olney, & will haukins theire Testemonies 

Endorsed by Harris : — This shews y^ length of wanasque- 
tucet river it length &c by Epenetus Olney & W, Hakings 
from y^ place they mesured eleven miles therefore meshanta- 
tacks bounds within it 

Endorsed by Moses Brown : — Evidence of Wanaspatuckett 
River being more than 11 Miles Long but how Much More 
dont say, but some say 2 Miles Making 13 and Lyeth a little 
North of N W from Providence Bridge* 

Epenetus Olney of providence Aged 36 yeares 
or there abouts being Engaged testeffieth, 
That upon the 19* of this instant October, hee with William 
haukins jun"^: was by William Harris of this Towne of provi- 
dence, requested to measure the length of the River called 
Wanasquatuckett ; The sayd rivers mouth being about a mile 
from providence Towne Bridge, towards the Norwest ; The 
which the sayd Epenetus Olney, & the sayd William Haukins 



* Thirteen miles is about the actual air line distance from what is now 
known as Market Square bridge in Providence to the head of the river, 
on the southern base of Woonsocket Hill, in the west central part of the 
present town of North Smithfield. 



HARRIS PAPERS. 103 

jun"-: did upon the 19*^ & 20th day of this instant October 
measure the said River (from a place in the River called the 
Keyes *) with as straight a Course as conveniently they could 
along the sayd river where it did runn pretty straight ; & from 
thence along a path that is betweene the howse of William 
Haukins sen'': & the mouth off the sayd Wanasquatuckett 
river ; which length, by a line of two poles long hee sayth they 
measured, & found so much of the sayde River to be eleven 
miles & upwards. And to the best of theire understanding 
the sayd River, at the aforesayd place called by some the 
Keyes lieth norwest, or to the North of the Norwest from the 
aforsd Towne Bridg of providence : But he saith they did not 
measure to the head of the sayd River & therefore knoweth 
not how much further it is ; but hee sayth the Indians report 
that the sayd River is up two miles farther before it heads, 
Octob"": the 21 : 1670 : 

Taken before me Tho : Olney jun"" : Asiss* : 

William Haukins of providence jun""; aged 23 
yeares or there abouts being Engaged testeffieth 
as ffolloweth 
That upon the ig*"^ of this instant October hee with Epenetus 
Olney, was by William Harris of this Towne of providence 
Requested to measure the length of the river called wanas- 
quatuckett ; The sayd Rivers Mouth being about a mile from 
providence Towne Bridge, towards the Norwest : The which 
the sayd William Haukins, and the sayd Epenetus Olney did, 
upon the 19* and 20*1^ day of this instant October measure the 
sayd River (from a place in the River called the Keyes) with 
as straight a course as conveniently they could along the sayd 



* The Keyes was a pine swamp or woods lying on the eastern side of 
the eastern branch of Woonasquatucket river, about a mile and a half 
north of the present Stillwater. (See F. A. Arnold in Narr. Hist. Reg., 
vi : 62.) The word Keyes probably was not derived from the Spanish 
Key, i. e., a low island, but was used in the old English meaning of a 
wharf, quay, or perhaps a dyke along a river. 



104 RHODE ISLAND HISTORICAL SOCIETY. 

River where it did runn pretty straight : And from thence 
along a path that is betweene the howse of his ffather WilHam 
Haukins & the mouth of the sayd Wanasquatuckett River : 
which length by a line of two poles long he sayth they meas- 
ured, and found so much of the say River to be Eleven Miles, 
& upward : & to the best of theire understanding, the sayd 
river at the aforesd place called by some the Keyes ; lieth 
Norwest, or to the North of the Norwest, from the aforesd 
Towne Bridge of Providence, But hee sayth that they did 
not measure to the head of the sayd River, & therefore know- 
eth not how much further it is : But hee sayth that hee hath 
some time benn up the sayd River three quarters of a mile 
further than they then measured ; & yett was not so farr as the 
head there of ; 
Octob'^ : the 21 : 1670 : 

Taken before me Tho : Olney jun'' : Asisst : 

[Cushman Papers.] 

34 

Harris, Concerning Connecticut [February, 1672].* 

Gentlemen, be pleased to understand that wheareas you 
have laid on us lately two Rates t both of y". to ye value of 
I26^''s. 6s. in ye common countrey pay 2"]^"^^ : 15^ : being dubled 



* The original of this document is in the Connecticut Archives (Doc. 
no. 28 in "Colonial Boundaries, vol. i, Rhode Island, 1662-1742"). 
Pasted upon the last sheet is a piece of paper endorsed " M""- Harris his 
argumt against Road Hand," and in another hand, the dates " May 50 
May 63 Octob 66." Internal evidence, however, shows that the docu- 
ment was written early in 1672, probably in February. 

t On 25 September, 167 1, the Assembly voted to assess a rate of ^250, 
of which ^200 was to go for the expenses of an English agent, the re- 
mainder for general colony expenses. John Clarke was appointed as 
agent "to manage the appeale of this Colony to his Majesty against the 
intrusions of Connecticut." {R. I. Col. Rec, ii: 411-412.) 



HARRIS PAPERS. 105 

as useth the s^. Silver being to send an agent for England as 
to bounds of our charter and ye other part to pay your Colony 
debts some whereof wee suppose is as to ye charge of procur- 
ing your charter * Wee say had others paid their whole sums 
as wee did of ye 600 lbs rate t for ye payment of M"". Pain & 
M"". Clark ye Colony had then been out of dept as the s"^. as- 
semblies act saith ye s<^. somes would have paid But as for 
debts as to Musqumicut t wee doe doe not count ourselves in- 
debted thereby wee have borne to much upon such occasion 
allready wee suppose debts may be increased by forbearance 
in England but we wonder it should be expected of us yt have 
paid ye principall as to our promise and something more yt we 
should pay other men principall and the Debt of intrust also 
we will rather use all lawfull dilligence (to keep it from our- 
selves) (and others) whose debt it is (by promise) and as for 
that rate to send an agent for England wee hereby declare 
that wee have no consent in it nor aprove of it and our reasons 
wee will shew in ye close of this paper after you have heard 
(supposedly) cunnecticut may say to prevent you. we have 
heard many allegations by severall intellagable persons of each 
claimes which we will lay down togather with ye law and 
Clawses of ye law of England supposed to be the rule of 
Judgment (in such cases) Conecticut hath asserted the ex- 
tent of their patent demanding of Road Island that they for- 
bear the exercise of Jurisdiction by a messengar (to that pur- 
pose) Road Island may be supposed to say what is the extent 
asserted by Conetticutt seeing that Narrigansett river is (now) 
that Musquomicott river by their agent agreed by arbitration 
to be from that time Narrigansett river therefore the eastward 
side of the s'l. river (not Connetticut) but Road Island juris- 



* A copy of the Charter of 1663, in Harris's own hand, is among the 
manuscripts of the R. I. Historical Society. 

t See note on p. 78 for an account of the rate of j^6oo levied in Octo- 
ber, 1664. 

t The Indian name for Westerly, which town was a source of dispute 
between Rhode Island and Connecticut. 



106 RHODE ISLAND HISTORICAL SOCIETY. 

diction bound.* Conecticut may be supposed to say yt ye 
Eastward bound expresed in their patent is Narrigansett River 
Commonly called Narrigansett Bay (where it falleth into the 
Sea) And ye s<^. river which runeth into Salt river which is be- 
tween Providence & rehoboth (called Seaconke) Runeth be- 
tween Rehoboth & Warwick ; & at Warwick falleth into ye 
Narragansett Bay, on ye Eastward side thereof. And ye s^. 
River, is within ye Narragansett Bay, and ye fairest river 
within the s^. Bay and therefore of good Reason, ye fittest to 
bear ye bales name (as it did) about 45 yeares since or more, 
it was so called by the first English that had occasion to give 
it (for distinction) a name namely ye Plymouth traiders at 
their house at Ssowames, and ye s^. river distinguinguished 
ye Indians namely Cononjcus, & Meantenomies on ye west 
side : from Osemequens on ye East side Therefore Narrigan- 
sett River truly & Rationally 

2ly Musquamecot River, cannot be Narrigansett River Ra- 
tionally, first it is not in ye s^. Narragansett Bay 
2ly It cannot be (That) Narragansett River expressed in Con- 
eticut patent, it, was then Musquamecot River : & untill, ye 
s^. Arbitration gave it that name of Narrigansett River 
Therefore, not ye Narrigansett River (so long before expressed 
in Coneticut Charter or patent) 

* According to the terms of her charter of 1662, Connecticut's eastern 
boundary extended as far as " Narrogancett River, commonly called Nar- 
rogancett Bay." But the great Narragansett country to the west of Nar- 
ragansett Bay was included within the Rhode Island Patent of 1644. 
Clarke, the Rhode Island agent, made such forceful protests against the 
reassignment of this territory that Winthrop, the Connecticut agent, was 
compelled to overstay his time abroad in order to compose these differ- 
ences. In April, 1663, an award of four arbiters was brought about, 
whereby it was decided that the Pawcatuck river should " be the certaine 
bounds betweene those two Colonies, which said River shall for the fu- 
ture be alsoe called alias Narrogansett, or Narrogansett River." /?. /. Co/. 
Rec.y'i: 518.) When Rhode Island's charter of July, 1663 appeared, it 
bounded her territory on the southwest by the Pawcatuck river and es- 
pecially nullified any contradictory clause in the " late Connecticut 
grant," stating that the Pawcatuck river had been yielded by both agents 
to be the fixed bound between the colonies. 



HARRIS PAPERS. 107 

3ly, Suppose Coneticut will allso say That Mr Winthrop : Then 
& in yt, was not their agent, and though he had a comition to 
procure a patent, did and sent it, yett had no comition to put 
it to arbitration, nor power thereby to null ye kings grant to 
them 

4ly Suppose Coneticut will say, they had ye first grant of ye 
king according to law (as to ye s'^. bounds) a later grant can- 
not null it — Road Island may be supposed to Say, that they 
had Charter of ye s^. bounds : before Coneticuts (first) & be- 
fore Road Islands (last) & therefore. If Conecticuts agent did 
not in his Bills of Petition for a patent of ye s^. bounds to ye 
king mentioned, ye s^. first Patent of Road Island, then Con- 
ecticut Charter Void by ye 6 H 8, 1 5 * but Coneticut agent 
did not express ye s'J. first Charter of Road Island, therefore 
Void ye s'^. Coneticut patent Co — Conecticut may be sup- 
posed to answer. That ye s^. statutes speake of Charters at 
will & pleasure, but as for patents to bodies Polatick & their 
successors (as a patent at will & pleasure cannot be void) 
(though gotten by ondue pretents) & importunity) and there- 
fore If Road Island had a good and lawful patent (of ye king) 
to them & their successors Conecticuts later Patent cannot 
make it void 

2ly A Patent (so) to be acspressed in ye s^. Statute must be 
in life Granted by ye king for ye time being, but ye s«i. Char- 
ter of Road Island beares date ye ye 14. of March 1643, & 
granted, by vertue of an ordnance of ye Lords & commons 
assembled in Parliment, but it is not said, to be granted by ye 



*I. e. : Laws of the sixth year of King Henry VIII, cap. XV. The 
Library of the Rhode Island Historical Society contains A Collection of 
Sundry Statutes, Frequent in Use . . . By Ferdinando Pulton — 
London, 1661 (Folio, 43 11 and 1427 pp.), which belonged to William Har- 
ris and must have been one of his most prized possessions. The fly 
leaves, both front and back, contain many notes in his handwriting. One- 
half page of memoranda is headed " Statutes as againste forcable en- 
tryes," and most of the notes are to laws bearing upon his controversies. 
This was "ye Statute booke by Poulton" mentioned with several other 
law books in the inventory of Harris's estate. {Prov. Rec, vi : 89.) 



108 RHODE ISLAND HISTORICAL SOCIETY. 

king, and not haveing the s^. Royall asent is void, & that au- 
thority yt granted it (without the s^ Royall asent) as appears 
by the 13 of king Charles ye second & first, in these words, 
all orders or ordinances of both, or either houses of Parliment 
(to which ye royall asent was not, wear void & null in they 
first Creation, & soe shall be taken therefore ye s^^ Road Island 
first Charter never had life, therefore not in life therefore 
should not be expressed (by ye afores^^. Statutes in Coneticuts 
agents bills of petition for a Patent — Road Island may be 
supposed to say that Coneticut Charter : Should bear date by 
law ye day of ye delivery of ye kings warrant into ye Chan- 
sery for ye s^. patent, but Coneticut patent doth not bear dte 
ye s'^ day : of ye delivering ye kings warrant therefore void 
by ye words of ye s^. Statute, 18 K H 6, i. and as followeth, 
first whereas by suitt made to ye king, by divers persons it 
hath been desired by their petitions, to have ofiices, fearmes, 
& other things of ye Gift & Grant of ye king : by his gratious 
letters Patents thereof to them to be made, refering by ye 
same petitions, ye same letters Patents of ye king, to Beare 
date at a Sertaine day limited in ye Same, the which day is 
often long before ye kings grant to them theirupon made have 
borne ye same date, by reason whereof divers of ye kings 
Leig people having such offices, farmes, or other things of ye 
gift or grant of ye king by his gracious letters Patents thereof 
to them long time before duely made, by such subtill Imagina- 
tions of such antedates desired by such petitions of such 
offices, fearmes, or other things : often have been amoved, & 
put out & expelled against right, good contience & reason, our 
s"^. Lord ye king, willing to putt out such imaginations, by ye 
advice of ye Lords Spirituall & temporall afores and at the es- 
peciall request of ye s^. commons hath ordained by authority 
of the same Parliment, That of every warrant hereafter sent 
by ye same our lord the king or his heires, to ye Chansellor of 
England for ye time being, The day of ye delivery of ye same 
to ye Chansellor, shall be entered of Records in ye Chansery 
and yt ye Chansellor doe cause letters patents to be made 
upon ye same warrant bearing date ye day of ye said delivery 



HARRIS PAPERS. 109 

in ye chaunsery and not before in any wise & if any letters 
patents be from henceforth made to the contrary they shall 
be void, frustrated & holden for none. Now, Conecticut Char- 
ter bearing date ye day of ye Sealing, & not ye day of ye de- 
livery of ye kings warrant to ye Chansery is void frustrated : 
& to be holden for none, Coneticut may be supposed to an- 
swer yt ye end of ye s'^. Statute is acspressed to put out all 
Imaginations of fraudilent antedates, by which such s'*. patents, 
put out the former true & lawfull patents, which a patent of 
date at ye day of sealing cannot be imagined to doe, being of 
ye Latest date, & can doe no wrong to any former date of 
any grant, therefore not such a date s^^. nor intended in ye s^. 
Statute 

2ly. Supposed will be s'^. that such dates contrary to ye s^. 
Statute, is expressed by these wordes in ye s^. Statutes (only) 
(vizt and not before) in any wise, yt is (as befores^.) not be- 
fore the s^. day of delivery of ye s''. warrant in ye Chansery, 
& if any be to ye contrary then void That is if they be dated 
before ye s"^. day which s^^. date, being only contrary to ye 
words and Meaning of ye s^. Statute 

3ly The authority of observeing ye s^. Statutes (by ye s^. 
Statut) that is given to ye Chansellor (as to ye s<^. date) that 
by his power and order should bear date ye s^. day of delivery 
(& not before) If after it can doe no damage (to any) nor ye 
Law, nor to ye patentees thereof (except some other should 
by some undue means gett a grant of ye same) & gett ye s"^. 
first date in ye s'^. Statute alowed) Road Island supposed to 
say, that by Coneticut agent : the king was deceived in his 
grant for his grant obtained, takes in Maryland & Vergina, & 
others and such a grant is void, for ye s^. Patents are in life, 
therefore by ye s^. 6.H.8. 15 Void, The words of the Statute 
are as followeth. The kings highnes of his goodness calling 
calling to his Remembrance yt where his grace hath granted 
to divers of his Servants (for their Service to his grace done) 
lands tenements, free, offices & other things to have to them 
duering his pleasure, & after there persons by their sundry 
Suites haveing obtained of his highness other letter patents 



110 RHODE ISLAND HISTORICAL SOCIETY. 

of ye same (not advertizeing his grace) of his former grants 
whereby ye s^. patentees have been avoided, & put from ye 
advantage of their s'^. former grants & patents, contrary to ye 
intent & grant of our Sovaraigne lord, wherefore it ordained 
estabhshed & enacted by our s'l. Sovaigne lord ye lords spirit- 
ual! & temporal! : & ye Commons in this present Parliment 
asembled & by authority of ye same that if any person or 
persons from henceforth doe make suit to ye kings highness 
for any lands tenements ofifices or any other things (so) by his 
grace granted or hereafter to be granted to any person or per- 
sons (duering his pleasure) (The s^. first patent then being in 
life) That he doe express in his s^^. bill of petition or patent, 
The tenour of ye former patent — And yt ye king then hath 
then determined his pleasure against ye s^. first patentee, or 
els ye second letters patents of any of ye premises to any 
person hereafter to be granted to be void & of no effect There- 
fore inasmuch as ye s^. Charters within the bounds of Con- 
eticut Charter Maryland & Vergina obtained & not expressed 
in their petition or patent therefore by the s'^. Statute null & 
void Conetticutt may be supposed to answer, that ye s'^. Stat- 
ute Extends only to patents at will & pleasure, & not to pat- 
ents & patentees & their successors Therefore extends not 
to Coneticutt charter to them and their successors 
And, yt patents only at will & pleasure are intended (in ye s<^. 
Statute) appeares by yt which is s^. shall be expresed viz that 
the king hath determined his pleasure which cannot be of a 
patent to patenttees & their successors to have perpetual! suc- 
cession (except voided by due form of law) which s^.) ye kings 
pleasure determines not 

2ly. Supposed they will Say, That none can Sertainly prove, 
that their bounds of patent doth comprehend ye s'J. Maryland 
& Vergina or either of them 

3ly, That they never soe intended, but have agreed & con- 
firmed their bounds by the Duke of Yorkes patent & there- 
fore cannot be construed to intend ye other two &c 
4ly they have committed noe trespas nor force against ye 
afores<^. Patent therefore deserve noe punishment 



HARRIS PAPERS. Ill 

5ly If they had, noe complaint is made against them, nor Road 
Island ther selesetor to any suit in their behalfe therefore con- 
etticutt patent by ye s<i. Statute is not made void — Supposed 
Road Island may say. That suppose (& but suppose) that they 
had noe Charter yett have ye Jurisdiction of ye s<^. bounds by 
an authority of ye Commitioners (vizt) Coronall Chartwrite S^ 
Robertt Carr & Esquir Maverick Therefore, conecticutt patent 
(to ye s'^ bounds) void — Suppose Coneticutt will answer, that 
another patent may possibly be granted of ye same (by informa- 
tion, yett first patent according to law) (by ye law) will stand 
(if not otherwise lawfully void — Road Island supposed to say, 
That coneticutt Patent was condemned (as to ye s^. bounds) 
by ye s^. Sr Roertt Carr Colonel Chartwrite & Esquire Mave- 
rick * — Conecticutt supposed to say, That they had no triall 
by their peers 

2ly all acts of ye s^. Commitioners (That were athentick) were 
to have The authority of Colonell Nicholas thereto, but had 
not, therefore not authentick &c s^. supposed Act 
3ly, If ye s^. Commition tooke place, then Road Island patent 
(as to s'l. bound) displaced Then Road Island patent by them 
not (their) to be pleaded against Coneticut — Road Island may 
be supposed to say, that they have not only ye Jurisdiction, of 
ye s^i. bounds, but allso by ye voluntary Consent of ye people 
upon their Ingagement of Suffering ye penalty of perjury, & 
ye s<^. bounds by arbitration allso &c Conetticutt supposed to 
say, that as to the arbitration that it was not by them 
2ly upon that ground of arbitration Major Athertons partnors 
had liberty to be of Coneticutt Jurisdiction, & doe Choose it, 
but Road Island who (by their agent) had power with him (on 
there parts) by which pretents they obtained there late patent 



* The three Royal Commissioners arrived in Rhode Island in March, 
1665, and after examining the question decided that the Narragansett 
Country extended as far west as the Pawcatuck river, and ordered that 
the Rhode Island officials should serve as magistrates throughout the 
province. They also declared that all grants of land made at Misquami- 
cuck, either by Massachusetts or by " that usurped authority called the 
United Colonies," were void. {R. I. Hist. Soc. Coll., iii: 179-182, 262.) 



112 RHODE ISLAND HISTORICAL SOCIETY. 

yett denied there premises forceing (as much as they can) ye 
Inhabitants thereon to submit to them, & would not on there 
parte, keep ye promes they made, but would have Coneticutt 
loose there bounds, by pretense of promes by arbitration, 
which they made not, and all for ye maintaining ye vertue & 
force of there patent (so obtained) by there pretended promes 
of Road Island, which they keep not w'^. conetticutt 
3ly, as to the Ingagement (A by-law) not Coresponding with 
ye law of England, [noe man therefore thereby to suffer, nor 
none to inflict such a punishment for breach of promes (if ye 
promes had been lawfull) (but is not) as for a fake oath, & yet 
Road Island pretend such a power, which ye law of England 
nor judges there have not, therefore usurped 
4ly the Inhabitants of Narrigansett first freely choose to be of 
Coneticut * 

5ly the true partnors of Major Atherton (Generall) Never did 
submit 'to Road Island which were they men excepted in ye 
arbitration which road Island (by their agent) assented to & 
promised their choice as affores^. yet &c 

Road Island supposed to say, that ye kings authority hath 
subjected them, & therefore within ye s'l. bound they cannot 
relinquish their obedience to ye kings Majesty s laws & ye s^. 
authority by ye king is to stand & be obeied, and other grant 
to Conetticut ye Contrary notwithstanding (as road Island 
Charter saith Coneticutt may be supposed to answer that ye 
s'l. nonabstante) (regularly) will not Invalve Coneticut grant, 
for could it, then all grants to grantees & there successors 
could not be aperpetuated estate, & yett in such said grants & 
in Coneticutt grant s^. yt they shall & may have perpetuall 
succession, which s'J. words granted, It might be invaled by 
the fores^. (nonabstanti) then ye first grant hath no other 
Effort, then a grant at will & pleasure and yt ye s^. Grant 



* This was in accordance with the third provision of the Winthrop- 
Clarke agreement of 7 April, 1663, which allowed the Narragansett pro- 
prietors to choose to which Colony they would belong. (/?. /. Col. I^ec, 
i:5i8.) 



HARRIS PAPERS. 113 

shall to coneticutt (saieth) That ye s^. Grant shall be most 
favourablely construed, for ye best behove & most favourable 
for ye Governor & Company of conetticut, yea & such is ye 
Common law of England to grantees, That they shall have ye 
most favourable Construction yea, & very many of ye Statute 
laws of England, have (so) confirmed, ye kings grantees as by 
the 34 & 5 of H 8,21 will appear and not with Standing the 
misresitall or non Resiteall of some parts of ye places or lands 
&c yet according to ye most favourable constitution confirmed 
to ye s'^. grantees, & many more Statutes to ye same effect, 
and all according to ye common law of England, & when it 
hath so happened yt by pretence of publique good & impor- 
tunity, after letters patents have been obtained, to avoid first 
letters patents (though but at will & pleasure) yett a law pro- 
vided for a remedy 6 H 8. 15 before resited. Road Island 
may be supposed to say that in ye said Statute it is said, ye 
king was not advertised by the latter Patentee of his first 
Grant, but ye king fully informed by Road Island agent, of 
Conetticuts grant seruptiously obtained, & therefore Road 
Island Grant good, & ye said (nonabstanti) of full force 
Suppose connetticut may answer, that ye king was by Road 
Island agent, much Importuned, but not Rightly informed for, 
first conetticut had there then (as to the Matter of arbitration) 
noe agent 

2ly Road Island agent used ye arbitration but in part (only to 
make way) for his owne grant, but not ye other part of it into 
his charter (vizt) that Major Athertons partnors might choose 
to which Jurisdiction they would pertaine, & so seruptiously 
got a supposed advantage, of a supposed conetticut agent, and 
a supposed grant, &c. 

3ly The king was not rightly informed, (as to Road Island first 
grant) (as being not granted by ye king) but by an ordinance 
of ye Lords & Commones assembled in parliment, 1643, then 
by Commitee ye s^. first first Road Island grant, to which ye 
Royall asent was not, & therefore, by ye 13 king Charles ye 2 
& 1 5 Statute it is said void all orders & ordinances of both or 
either houses of parliment to which ye royall asent was not 



114 RHODE ISLAND HISTORICAL SOCIETY. 

were in theyr first creation & makeing null & void & so shall 
Remaine therefore by ye s^. act ye s^. Charter, none, of which 
the kings was not advertised 

4ly the s^. (nonabstanti) will witnes (& therefore Road Island 
agent) that ye s^. bounds are granted by Conetticut patent 
was to Conetticut &c, then cannot be made void & null (ye 
said Conetticut Charter) by Road Island charter) in any ye s<*. 
bounds of conetticut, first, because Conetticut patent was, 
first 

2ly it hath not been lost any part of it by due forme of Law 
nor there peers 

3ly, The s'*. Grant is a good & lawfull Grant and not against 
any law of England and as to yt Road Island before is sup- 
posed to say, that they cannot relinquish obedience &c to ye 
authority of their grant, to yt Conetticut may be supposed to 
answer that Road Island may (more Safely) Relinquish ye 
whole Bounds then clame or exercise Jurisdiction of, or any 
of it as appeares by ye 21 of King James third Statute in 
these words &c. all Monopolis and dispensations w^^. penall 
Statuts Shall be void fforasmuch as your most exselent 
Majesty, In your Royall judgement & of your blessed disposi- 
tion to ye weall & quiett of your Subjects, did in the year of 
our Lord God 161 publish in print to ye whole Realm & to 
all posterity, that all grants & Monopolis & of ye benefitt of 
penall Laws or of power to dispence with ye law, or to com- 
pound for ye forfiture are contrary to your Majesties lawes 
which your Majesties declaration is truly consonant & agreea- 
ble to ye antient & fundamentall laws of this our realme. And 
whereas your Majesty was further gratiously pleased expresly 
to command that no suite should presume to move your 
Majesty for matters of yt nature yett never ye les upon 
misinformation & Untrue pretences, of Publique good, many 
such grants have been unduely obtained & unlawfully put 
in execution, to ye great greveance inconvenience of your 
Majesty s Subjects contrary to your Majesties blessed inten- 
tion so published as afores^. for avoiding whereof, and pre- 
venting the like to come 



HARRIS PAPERS. 115 

May it please your excellent Majesty at ye humble suit of the 
lords Spirituall & temporall and ye Commons In this present 
parliment assembled, that it may be declared & Enacted, by 
authority of these present parliment, That all monepolicies & 
all commitions Grants licenses Charters, & letters patents 
hereafter made or grantid : And hereafter to be made or 
granted To any person or persons Bodies pollatick or corpo- 
rate whatsoever of or for the sole buying, Selling, makeing, 
workeing, or useing of any thing within this realme or ye do- 
minions of Walles or of any other menopolies or all power or 
fauculty to dispence with any other or to give licence or tol- 
eration to doe, use or exersise anything against ye tenour or 
purporte of any law or Statute or to give or make any war- 
rant for any such disspensation, licence or Toleration to be 
had or made, or to be agreed or compound with any others for 
any penality or forfitures limited by any Statute (or of any 
grant or promis of ye of ye benefitt profett or comodity of any 
forfiture penalty or Sum of money That is or shall be due by 
any Statute (before Judgment thereupon had) and all procla- 
mations Inhabitations restraints, warrants of assistants & all 
other matters & things whatsoever any way tending to In- 
struction erecting strengthening furthering or Countenancing 
of ye same or any of them, are alltogether contrary to ye laws 
of this Realme & soe are, & shall be utterly void, & of none 
effect, & in no wise to be put in use or examination 
And be it further declared & Enacted by authority aforesaid 
that all monopolies & all such comitions. Granted, licences. 
Charters, letters, patents, proclamations. Inhibitions, Re- 
straintes, warrants of assistants, & all other matters & things 
tending as afores'^ & ye force & Validity of them & of every 
of them ought to be & shall be for ever hereafter, examined 
heard, Tryed and determined, by & according to the common 
lawes of this realme, and (not otherwise) 

Then suppose Conetticut may say, that the s'l. Patent of Road 
Island doth dispence with very many of ye laws of England 
13 R 2, 7.1 El. I, lEd.6.1.5 El I, and much more as to yt 
might be said, but a word (to ye wise) is sufficient — Road 



116 RHODE ISLAND HISTORICAL SOCIETY. 

Island supposed may say, that the s^. law, doth onely Intend 
England & wales, as therein expressed, And not new England 
Conetticut may be supposed to answer that it is Granted to 
Conetticut & that they shall have all Emunities liberties & 
priveledges, of naturall & free borne subjects of England 
(Ever here) and in England allso therefore to be justified or 
condemned by ye lawes of England (If tried) and not loose 
there franches & liberties, without a tryall at ye common law 
by there peers (as ye s'^. law doth require) and many other, for 
all naturall borne subjects of his Majesties Realme of Eng- 
land are borne to a perpetuall Inheritance (of ye lawes of 
England) and ye kings Majesty hath Granted them ye Like 
Libertyes 9 H 3. i.M * these words wee have granted allso & 
given to all ye freemen of our realme for us & our heirs for 
ever these liberties underwritten to have & to hold to them & 
there heires of us, our heires forever, the s^. Liberties (some 
of them) in ye 29 chapter of ye said great Charter of ye liber- 
ties of Englishmen (afores'^.) are in these words in this Char- 
ter noe freeman shall be taken or imprisoned or be be deseased 
of his freehold or liberties or free customes or be out lawed or 
exsiled or any other way destroyed nor wee will not pass upon 
him condem him but by lawfull judgment of his peers or by 
ye law of ye land, wee will sell to noe man we will not deny 
nor defer to any man either justice right, without which s<^. 
liberties of peerage Conetticutt patent cannot regularly be 
lost or Seised out of there hands nor any part, and ye kings 
Majesty Charles ye second hath made proclamation that he 
will rule by ye good old lawes of his Realme, and did by his 
act of Indemnety & oblivion allow ye supposed Greatest 
offenders excepted out of his free & generall pardon their 
pearage to defend (If they could) their lives and lands there- 
fore he will not deny but allow his loyall subjects there peer- 
age as to there land & liberties 

first then, considering all ye former breef hintes of ye Valid- 
ity or Invalidety of ye s^. claimes, upon ye s'^. lawes Resited. 



* Masrna Charta. 



HARRIS PAPERS. 117 

2ly That ye kings Majesty hath expressed his great Charg, to 
put an end to ye s^. & such hke differences, and yett, If we 
should be to his Majesty yett more troublesome, & to our- 
selves & others more acspensive by Rattes, & sending an 
agent &c 

3ly when he comes there (by ye Law) when he hath petitioned 
to ye king, There Shall be sent with his suggestion to ye 
Chansellor & ye kings grant, Councill there to give security to 
make good his Suggestion, which if he make not good is to be 
a prisoner untill he agree with Conetticut, & allso pay a fine 
to ye king. Now for us to trouble ye king and to venter his 
displeasure, & Jeopaardy our so great charg which may Rea- 
sonably be Immagined, above two thousan Pounds 
4ly Considering what Straights wee may run an agent into to 
gett security, considering how we delt with Master Dean that 
Noble minded ffriend, which is two well knowne (our neglect*) 
5ly not knowing but yt as such attent (so ourselves) may be 
dissolved, as he & we were. And then, when wee have paid 
our owne parts, of what he shall spend & forced by being one 
body in ye case, to become surety, for others allso That will 
not pay, nor cannot be compelled, and soe an agent, & our- 
selves under great damage & disgrace, & in great Straites, not 
knowing how to help ourselves (but by paying other mens 
debts) (if we be able) and made by the same a derision, as we 
have been, when we have done all, and herein wee doe not 
Speak at a venture, but our Experience, which teacheth fooles 
and if wee Should not learn of her we were worse. And 



* While in London as agent for the Colony, Clarke was obliged to bor- 
row ^140 from Richard Deane, giving him a mortgage on a house and 
land in Newport. The Assembly, 4 September, 1666 (7?. /. Col. Rec, ii: 
175), voted to assume this mortgage, so that Clarke should not be dispos- 
sessed of his home, and the money was ordered to be sent to London. In 
April, 1672, a committee was appointed to draw up letters of gratitude to 
Mr. Deane. {R. I. Col. Rec.^ ii: 445.) In October, 1680, Deane was still 
unpaid, and the opponents of Harris in the Assembly protested against 
repaying the latter ^10 which he had sent to Deane on behalf of the 
colony. {R. I. Col. Rec, iii : 94.) 



118 RHODE ISLAND HISTORICAL SOCITEY. 

therefore gentlemen, we hope we hope you will hold us rea- 
sonably excused, from any more payment as to your Charter, 
being Sorry it hath been so troublesome, & chargable, to M'. 
John Clark : and ourselves, knowing, he did as much as he 
could (according to his consience) (& more we would not urge 
on any man) And seeing such ability (as is wished) with re- 
spect to tender consience, cannot (as yett) be obtained( & de- 
fended by ye laws of england) It behoveth all men (yt desire 
it) to be Instant in prayers to god who hath all hearts in his 
hands that made them, & in his owne due time to turne them, 
to all tendernes towards himself & his Innocent Servants (in 
love) hopeing, & desireing, yt good workes may so shine forth 
towards god : & our neighbours, That men seeing them just, 
mercifull, & all wayes humble Disposed whatever be Suffered 
That men May then Glorifie God as to see, & know him to be 
ye Greatest power, in every ones Consience — ffurther More, 
we answer you, we dare not give any deniall to ye kings 
Majestys authority, first Granted which seemes to Carry with 
it The most Strength of law which is, & will be the rule to try 
us by (If we denie it)* 

{Extracts from Conn. MSS. relating to R. /., i : 49-67, a 
manuscript volume, certified to by the Secretary of State of 
Conn., in the R. I. Hist. Soc. Lib'y.] 



* For writing this document, Harris was brought before the Court at 
Newport, on 24 February, 1672, and committed to prison without bail, 
upon the charge of speaking and writing against the Charter. {R. I. Col. 
Rec, ii : 429.) In April the Assembly renewed the tax for Clarke, re- 
fused to receive a paper from Harris, and passed a high handed act or- 
dering that all who opposed any rate should be bound over to the Court 
of Trials for " high contempt and sedition." {Idem, ii : 435-439.) In the 
following month there came a great political upheaval. The moderate 
Quaker party combined with the pro-Connecticut element in Narragan- 
sett and effected an almost complete change of officers. The new Assem- 
bly immediately proceeded to undo the work of their predecessors, re- 
pealing the rate for Clarke and the sedition act and writing a conciliatory 
letter to Connecticut. {Idem, 11:450-461.) The spirited protests, how- 
ever, sent in by the people of Warwick and by others prevented this re- 



HARRIS PAPERS. 119 

35 

Harris to Williamson, 26 April, 1675. 

Addressed : — To the Honnored S'' Joseph Williamson * The 
Kings Majestyes Honnorable Cecretori this prayeth to be de- 
livered. 

Honnored S^ 

I humblely pray your patience ; It is true : I haue bin trouble 
some to your Honnor : And others but whether my need of 
Justice And lawfull proceeding be not the ocation because of 
vndeserued wrong (of men) my opresors I leaue to allmighty 
God &c And a few words to your Honnors objection And then 
I haue done commending all to the wise prouidence of God 
without perplexed care from former Certayne exsperyence I 
haue had of y^ same good prouidence to whome I haue for- 
merly soe commended the like matters who would not let Gid- 
eons army to be too many himself might make manyfest his 
allmighty Arme & ayde 

The objection, (viz*) That it is true the king doth giue Com- 
mitions to preserue his peace &c but not second or later Com- 
mitions as to try titles of lands &c 

Answer That the suppresing of forceable entryes Detaynors 
& Riots is in the Commitions of the peace And the Statutes 
against y^ sd entryes &c to be executed thereby 



action from going too far. The whole series of events would seem to 
show that Harris, whatever may have been his motives, was considered 
a traitor only by the party that opposed him. Williams's recorded opin- 
ion, though prejudiced, is of much importance in this connection. (See 
G. Fox digg'd out of his Burrowes, pp. 206-7 ; and letter to Winthrop in 
2 Mass. Hist. Soc. Proc, iii : 258.) 

♦Williamson (1633-1701) after filling various subordinate positions in 
the office of the Secretary of State from 1660 to 1672, succeeded to that 
office in June, 1674. During the next four years and a half he occupied 
himself with great energy and skill in directing the various foreign and 
colonial interests of the British crown. 



120 RHODE ISLAND HISTORICAL SOCIETY. 

2 All the Patents In new England giue power to the same 

Justices of peace ther to Inquire hear & determine as to 
titles of land allsoe 

3 our sd lands haue bin forcablely Entered vpon And are still 

soe detayned at least Riotously against verdict & Judg- 
ment 

4 That writs to remoue suits to higher Courts for more Im- 

partiall tryalls are tryd by an other Commition which 
hath at least the efect of a later or more 

5 It seems that persons supposed to commit a force vpon y« 

offer to trauerce theyr title to possession shall not in case 
be remoued but admited to try the same by the Country 
before the sd Justices of y^ peac[e] 

6 The omition of Execution of the law by which execution 

&c the peace is preserued & omition of y^ sd power ther 
giuen by patent is the defeate of y* exercise, of y' power, 
y^ peace, & our possession, & our title we wear by the law 
of the sd Collony forced to proue before the forcable en- 
try ther could be tryed And as to our title had a Verdict 
& Judgment but execution rezisted And the force neuer 
yet tryed thoughe complayned 
And therfore whether, for, all the fore sd 

A later order or commition with power in the sd cases afore 
sd which the former commitionors or patenttees had not but 
should haue executed be not need full And Reguler I leave to 
the wise prouidence of God, The kings Majesty es pleasure, 
His Honnorable Councill And your Honnc^^ pleasure to fauor 
or &c To whome I doubte not but the tedeousnes of the 
matter is wearysome to all to heare but how wearysome to the 
sufferors of y^ same soe long to bear I leaue to y^ Just & 
righteous God to Judg & redres 

And Humblely pray of your Honnor That what the kings 
pleasure is to grant may haue the name of an order (If it may 
be) 

And Requiring or Commanding 
And Impowering three If the fourth should fayle least at the 
worst all should fayle & Justice be defeated 



HARRIS PAPERS. 121 

And acording to your Honnors care, wisdome, & great kind- 
nes Each Gouernor may haue one. 

As Humblely prayeth 

William Harris 

[Transcript from the original in the British Public Record 
Office, London, Colonial Papers, xxxiv : No. 60. See Sains- 
bury. Calendar State Papers, Am. & W. /., idy^-yd, no. 532.] 



36 

Harris to Williamson, 26 April, 1675. 

Addressed : — To S^ Joseph Williamson, His Majestyes Hon- 
norable Secretorie this prayeth to be delivered. 

Humblely praying your Honnor be pleased to Concider that 
the four Gouernors of Conecticott, Massatusets, New Pli- 
moth, & Rhode Island are aboute fifty or sixty miles distant 
from each And therfore being unapt ther by to consullt & 
will be long before by letters to each other & Answers ther to 
before theyr ocations and vnderstandings of the best way to 
proceed may sute & agree with each other If ther be not 
some derection by the Kings Majesty to them or more spe- 
tially to some one of them to derect only therfore I pray your 
Honnor in the moste redy & speedy maner & moste Authen- 
tickly to an efectuall performance of y^ matter It may as 
pleaseth the kings Majesty be drawne And as to the good efect 
ther of I shall giue your Honner a full & perticuler acounte 
And shall be all ways bound to pray &c Very much Ingaged 
to your Honnor 

William Harris 

[Transcript from the original in the British Public Record 
Office, London, Colonial Papers, xxxiv : No. 61. See Sains- 
bury. Calendar State Papers, Am. & W. /., lOy^-jd, no. 533.] 



122 RHODE ISLAND HISTORICAL SOCIETY. 

37 

Harris to Sheppard, 26 April, 1675. 

Addressed : ffor his worthy ff riend M^ ffleetwood Shephard * 
at his lodging in Privie Garden 

Worthy S^ 
My very hearty thankes : for your great kindnes, to me a 
stranger, but your generous noble nature and dispozition, 
takes ocation by my defeat of Justice, to manyfest your self a 
louer ther of : & a delight to right wrongs, I doubt not, but 
you will : not with standing such as these croude in vpon you : 
take an opertunety to read, and concider what weight, is in 
the wrongs I complayne of. And in the reasons I render, pray- 
ing : & hopeing, vpon y« s^ ground remedy, I haue suffered 
great & long wrong, but can finde noe efectuall remedy (in 
new England) thoughe true it is, I haue had a vindecation of 
my right & my partnors, both by arbytration : & law (long 
since) but can get noe execution : of the Judment, the forca- 
ble enterors and detaynors haue soe confederated with others, 
theyr adherents, partnors : in interest, and kindered, that the 
inhabytantes are taken (by both sydes) as not fit to Judg (in 
y^ s"^ Collony) nor can we get the former Judgment executed, 
being by force of armes openly rezisted. And our aduersa- 
ryes, pretend, that they rezist (and say) (they will) to death, 
vntill they haue had a tryall (as they pretend) acording as the 
Kings Commitionors promised them, when they came back 
from y^ eastward of Newengland, but came not all back, and 
now all dead, soe they keep our land by force, and vs out, and 



*Sir Fleetwood Sheppard (1634-1698) was a popular and influential at- 
tachd of the court of Charles II, into which he was introduced about 
1664 by Lord Buckhurst, later Earl of Dorset, whose mistress, Eleanor 
(Nell) Gwyn he came to know so well that he afterwards served her as 
steward, a post he resigned to become tutor to her son, Charles Beau- 
clerk, the son of Charles II. It is evident that he was in a position to 
advance Harris's business materially. 



HARRIS PAPERS. 123 

seek not the s^ tryall, And we (if we euer obtayne it) are 
forced to come three thousand mile, in y^ euening of aige, to 
seek a remedy, finding none other wayes, and though, our ad- 
uersaryes pretend, to such a title, seek not to proue it, And 
therfore, I am forced to come, and be soe troublesome to the 
king : by long petitions, and to my friends to obtayne an oper- 
tunety to haue them heard, which is most contrary to my dis- 
pozitio, to be soe trouble some for small matters, but this, 
(thoughe my mite) is all my right wronged & lost vpon my 
aduersaryes groundes of clayme. If they get any, we lose all ; 
S"". you may think it to be straing boldnes : to enter on, or de- 
tayne other mens lands. And soe it is, but stranger, to enter 
as I heard, one norton lately did, &c. but if doubt arise : 
whether such a thing be, as complayned of, I haue some papers 
may moue som credet ther of. And can any man immagin, I 
would run such Jeopardy : to come soe far by sea, or take such 
paynes, or vndergoe such Charge, & trouble, not only my self, 
but my friends, then which (if I knew how to help it) noe 
thing in y^ world more contrary to my dispozition, then to be 
soe trouble some, nor neuer goe I to law, for fine, or ten 
pound, or such like matters, nor neuer was I arested, but for a 
supposed high treason against Oliuer Cromwell,* &c. vntill of 
late fallcly indicted by my aduersaryes, but found not guilty 
by the Country : And arested by my s'l aduersaryes, and when 
they haue done it, apear not to it, nor did I euer arest any 
man (but first, I offered to him, & them, arbytration,) but 
least it should be thought, y* I am contentious, for all y^ fore 
sd, I say, this I pray, a proof. That if, the kings Majesty will 
be but pleased : to grant my petition, I pray it then vpon these 
groundes, to be of noe force, nor put in execution (viz*) If we 
haue not had a uerdict, & Judgment, and execution granted, 
& by them rezisted, many years. And that with others, we 



* Harris had been charged by Williams with high treason in 1657 ; but 
the Assembly, when he was brought before them, was either unable or 
unwilling to decide upon his case. (See R. /. Hist. Soe. Pub., i : 216 ; 7?. 
/. Col. Rec, i: 361, 364.) 



124 RHODE ISLAND HISTORICAL SOCIETY. 

haue had two arbytrations, both awarding the land oures. And 
the sd Issues : to be tryed by such a Jury, as I petition for, 
who, if finde : y* I speak fallce, then, y' y« Charge shall be 
payd by me only. And I imprisoned vntill I haue payd it. but, 
if it be proued true, yt we haue had a uerdict, and Judgment, 
and y^ execution rezisted. And two awards of arbytrators, that 
y^ title to y« s^ land is oures, then y^ sd order, or commition to 
be in force, and not otherwise. If y^ kings Majesty be pleased 
such to grant, noe other we desire, but S"", least the kings 
Majesty should think, and your self allsoe, his order would 
not be obserued, by the Collonyes in Newengland, and soe the 
kings dishonnor, And the obiection may seeme to be, by the 
Massatusets former denyall of the kings Commitionors, &c. 
S^ be pleased to take notice, that then, three of y« s^ four 
Collonyes (viz*) New Plimoth, Conecticot and Rhode Island 
Collonye did receiue the kings Commitionors, in uery weighty 
things, as to bounds of theyr Charttors, Allso then, they of 
Boesten : did offer to shew the kings Commitionors theyr pro- 
ceedings, as Justefying them, as to one Porter yt comp[l]ayned 
against them : * to y^ kings commitionors ; And, that they of 
Boesten did since, that time : receiue, & execute y^ kings writs 
derected to some of them ; from all which, it seemes Reason- 
able, to belieue, that if the three Collonyes : receiued the 
kings Commitionors, as to theyr, or some of theyr, owne dam- 
ages (by them supposed) doubtles rather when, and wherin : is 
none, or not soe much damage (supposed by them) to them- 
selues ; And if Boesten, would stand vpon theyr doeing of 
Justice, to y^ s^ Porter, & shew it to the kings Commitionors, 
by the like good reason : will at the kings command : doe Jus- 



* John Porter, Jr., of Salem, a wayward youth, whose father was as a 
last resort forced to invoke police protection against the son's various 
breaches of the peace. Being committed to jail, Porter escaped and 
made his way to Warwick, where he found the Royal Commissioners — 
Carr, Cartwright and Maverick — who gave him an order, 8 April, 1665, 
requesting the Boston magistrates not to molest the youth until they could 
hear his case. The Massachusetts officials very naturally remonstrated. 
(See Mass. Records, iv: pt. 2, pp. 177, 195, 216-218.) 



HARRIS PAPERS. 125 

tice, and shew it to the king allsoe, as to our case, in such 
form & manor as pleaseth the king ; And seeing they haue re- 
ceiued the kings writs since, and executed the same; will 
allsoe execute the kings command agayne to doe Justice, be- 
tween men & theyr neighbours. 

More ouer, it being certayne, John Winthrop Gouernor of 
Conecticot, Josia Winslow Gouernor of New Plimoth, and 
William Codington Gouernor of Rhode Island &c will receiue 
and execute the kings Commition allsoe (if throughe fraylty 
any other * should otherwise a fact (which is not likely) for, 
if emulatio, made some preach Christ out of envy, that did 
not out of good will, in a time of such danger, for preaching 
Christ as then was ; how much more, make men shew all 
loyallty, for theyr owne safty : & prayes of well doeing, and 
reward therof. 

All which concidered, how easyly will the kings com- 
mand be obeyed 

And therby y« exercise of his Majestyes Authourety : more 
immediately enured. 

And a way to his Majestyes after orders : prepared & pro- 
uided, to his Majesty s pleasure : & peace. And his Royall in- 
terest maynetayned, without y^ leaste charge of his Majesty, 
and to his sublets safety ; all which I pray God prouide, 

Nor doe I doubt therof, for, it is not like but as hath 
bin, is, & like to be, y^ more men the more mindes, And all 
the weakest afrayde of the strongest, & will be wary of run- 
ing into dainger : with others (if others doe) and redy to re- 
ceiue help from trouble, and for diuers other reasons, the liker 
to continew in peace, and loyallty, I presume not vn noted by 
yourself S"" Nor, can I immagine any rationall ground can be 
immagined, by any from any patent granted to any in New 
England, to be exscused from answering to the kings writs, 
noe more then other Corporations in England, for thoughe 
New england be out : of the Jurisdictions of his Majestyes 
officers, as to boundes by the letter of the lawes of England, 



* Massachusetts evidently is meant. 



126 RHODE ISLAND HISTORICAL SOCIETY. 

and theyr commitions, yet theyr grantes all are (viz*) to pro- 
ceed acording to other of his Majestyes Corporation in Eng- 
land, which are not to be exscused from answering &c, but all 
are vnder y^ Authourety of his Majestyes Immedeat : or spe- 
tiall writ : & command to answer acording to law, and acord- 
ing to the equity ther of ; other wise the kings loyal subiects, 
may many wayes be grieued & opresed, vnder : & by fellow 
subjects, against theyr true & lawfull libertyes : they are by 
former kings granted, and his majestyes patents alowed, for, 
all the kings lieges there, by y« kings patents, are alowed y^ 
preueledges of free & naturall borne subjects of y^ kings in 
England, but, if denyed, the kings lawes & writs, & y^ benyfit 
therof ; and subjected to y^ lawes of Corporations, reiecting 
y^ kings writs & lawes, seems contrary to y* sd patents and 
the lawes of England, which sd authourety is not granted by 
any patent to any people in New England, And without y^ sd 
patent haue it not, and for a corporation ther to make any 
lawes of death wher by the kings subiects come to be put to 
death, seems contrary to y^ lawes of England, 3 char, i, i* in 
these words (uiz') if by y« lawes of y^ land they had deserued 
death by y^ same lawes & statuts allsoe they might & by noe 
other ought to haue bin judged & executed, therfore, it can- 
not be immagined : the king hath giuen some of his subjects, 
and theyr libertyes borne to, to other subjects, of other, or 
any, corporations ; who may not make any lawes in dimminu- 
tion of the kings prerogatiue 19 H, 7, 7. nor may forbid suit 
in the kings Courts, 19 H 7, 7. then, not to make lawes to ex- 
scuse themselues for it, nor from his courtes ; and in that the 
king hath granted Jurisdiction by patents to some in New eng- 
land, and limited how, by y« sd patents it seems, moste vnlike, 
yt he ther by hath loste, or giuen away all his Jurisdiction ouer 
them, nor can any vnbyased soe say. but as the ey (for fear) 



* There is a note in Harris's handwriting in his edition of the Statutes 
(see note on p. 107) "the 17 Cha i, 14 ye Royall asent is put to this &c." 
The reference is to the act declaring unlawful " the late proceedings 
touching ship money." 



HARRIS PAPERS. 127 

some times will wink, to defend y^ tender sight : & light 
(thinking) danger, soe, the ey of the vnderstanding is tender, 
& some for fear (it may be to be lead blindfold) may think, to 
defend it from danger (when none is) but, I pray God keep vs 
in peace, of which I haue great hope, by y^ good prouidence 
of God will continew ; I know many leading men in New Eng- 
land, very discreet & honnest. 

The Gouernor of Conecticot, Winthrap a prudent mod- 
erate man, & y^ Deputy Gouernor Leet ; the Asistants (some 
of them) Tollcot, Willes, Allen, Richards, the s^ wise men : 
all devoute for theyr Churches, the rest ther I know not ; The 
Gouernor of New Plimoth Winslow, a uery moderate wise 
man, insted of a deputy Gouernor theyr eldest Asistant All- 
den, others ther, Hinkley, Bradford, ffreeman, Browne, Cud- 
worth, pritty moderate men moste of them, the rest I know 
not ; The Gouernor of the Massatusets Leueret, theyr Deputy, 
Simons, Asistants : Damporte, Hathorne, Broadstreet, Deni- 
son Gooking, Stoton, Clark, very devoute men for theyr 
Churches (y^ rest I know not) The Gouernor of Rhode 
Island, Codington, theyr deputy Easton, Asistants, Bull, 
Goold, Clark, Coggeshall, Trip, Harris, Allmy, Barton, some 
of them Called Quakers, some called Generalles &c. Each 
Collony hath a body of lawes, but they of Rhode Island theyr 
lawes : in most conformety to the lawes of England, & y« 
moste toleration, there is diuers defferent vnderstandings, & 
all alowed, & as to y' Hue : in peace, next, moste sufferance 
of deffering vnderstandings : is at new Plimoth, where are 
diuers of them called quakers, & baptist allsoe, & there some 
what adhearing to y^ lawes of England, but some quakers & 
baptist at y^ Massatusets ; but fewest at Conecticot, where 
they percecuted them least (except at Rhode Island) 

The trade of y« Country, is, building of ships, loading 
them out with fish, boards, timber, horses, beef, pork, butter, 
Chees, bisket, flower, pease, some woole, Iron, & leather from 
some partes ; and with y^ fores'^ prouitions & horses : supply 
the Barbadosse, Neuice, & such other. And the Country is 
very helthfull, and much replenished with people, & Cattell, 



128 RHODE ISLAND HISTORICAL SOCIETY. 

& uery many horses, see many, yt men know not well what to 
doe with them ; And in deed, noe thing soe wanting : as thanks 
to God, for soe many mercys, and of answerable conuersation 
therto : for soe great kindnes of God. 

And kind S"", as to the fore sd discource : I am not willing any 
of my aduersaryes should take any aduantage against me (by 
my telling my thoughts of the kings Just authourety : ouer his 
subjects, by, & acording to his lawes, by y^ execution of any 
of theyrs (contrary therto) which if they doe, I may be a long 
sufferer, vnder it by them, before my petition be heard, & lon- 
ger before granted (for redres of any such wrong) (if euer op- 
tayned) (if they need not answer to the kings writ) (nor his 
command), therfore, I pray you S"" let none know it, that will 
tell them (if it be possible to know them) for this I asure you, 
yt one Wharton* a marchant of Boesten, vpon an informa- 
tion by him to the king, concerning what y^ duch did vpon y^ 
coste of New england, & how he conceiued it might be reme- 
dyed &c, y« sd Whartton was taken as noe friend to New Eng- 
land, & his letters stoped y' came from England : & taken vp 
at boesten : to see what was in them, & he caused them to be 
cryed : & soe founde them, he, tolde me ; but howeuer, com- 
mending all euents to God, 

S' I pray bear with my rude speech I haue bin long in a will- 
dernes from refined ; besidse my rustique constitution, yet I 
am youres hearttely thankfull. 

William Harris 
26 April 1675 

[Transcript from the original in the British Public Record 
Office, London, Colonial Papers, xxxiv : no. 59. See Sains- 
bury, Calendar State Paper's, Am. & W. I., l6y£-y6, no. 531.] 



* Richard Wharton, a prominent Boston merchant, one of the Ather- 
ton purchasers, and later one of Dudley's Councillors. In the British 
Public Record Office there is a long letter from him, regarding the recap- 
ture of New York by the Dutch (Sainsbury, Calendar, Colonial, Am. 
fir» W. /., i66q~J4, no. 1144; 24 September, 1673), but nothing answering 
to Harris's description. 



HARRIS PAPERS. 129 

38 

Harris : Draft of Commission for Court to Try His 
Case, 26 April, 1675. 

Charles The Second By the Grace of God of England Scot- 
land France & Ireland King Defender of the fayth 
Our Trusty and well beloued : John Winthrop Esquire, Gou- 
ernor of our CoUony of Conecticot, John Leueret Esquire : 
Gouernor of our Collony of Massacusets, Josia Winslow Es- 
quire : Gouernor of our Collony of Newplimoth, And William 
Codington Esquir : Gouernor of our Collony of Rhode Island 
and Prouedence Plantations &c, all in our Dominions of New 
England, we greet you well. 

Know ye. That our will and pleasure is : to doe equall & euen 
iustice, to all our subiectes : neer and afar of, And we haueing 
receiued a complaynt : from one William Harris, of Patuxet & 
Prouidence of the Collony of Rhode Island &c, That thoughe 
he : & his partners : wear the first our subiectes that pur- 
chased landes, and of the moste superior Indeans, in that part 
of the narroganset bay : & country, and all moste forty years 
since, and euer since ther in habited, and that after some long 
space of time : he and his partners were molested by some of 
prouidence, but by Joynt arbytration : the sayd landes of Pa- 
tuxet : Wear awarded his and his partners landes. And after 
that, by an arbytration : to which our Collonyes of Massatu- 
sets : & Rhode Island &c consented, for y^ ending defferences 
of claime to the sayd landes of Patuxet, And that two arbi- 
trators came from Massatusets, and two from Rhode Island, 
and all foure awarding : the sayd landes : to be the right of the 
men of Patuxet afore sayd. 

And the sayd complaynant sayth, they, haue our grant of the 
sayd landes : perticulerly nomenated vnder our great seal : in 
our patent to Rhode Island &c. 

And that yet not with standing : Forceable entryes ar made 
into theyr sayd landes, by diuers of the inhabitantes of the 
Towne of Warwick : ther next adioyne ing, And sayth, some 



130 RHODE ISLAND HISTORICAL SOCIETY. 

of y^ sd entryes haue bin made : about twelue years since, 
And that against some of y^ sd enterors : he & his partnors 
haue [ ]y years since) had a uerdict, and a Judgment of 
court, againste one John Harrud : [ ] those that holde 

with hime, who by force of armes, openly long since, and yet 
doe, Reziste the execution, and that y« sd John Harrud, & 
those yt holde by force with him, pretend, they soe hold : & 
Rezist execution, as being refered (the sd John Harrud sayth) 
by the collony of Rhod Island : to our Commitionors, when 
they wear in New : England : for a finall end of the sd deffer- 
ences, and our sd comitionors saying, they had our more 
weightty matters in hand, but when they returned they would 
end it, but returned not, and therfore y^ sayde forceable de- 
taynors pretend, that the sd defference is yet before vs de- 
pending : for a fineall Judgment, but the sayd complaynant 
sayth, that our court : of our Collony of Rhod Island, seeing 
our commitionors wear gon, and had noe opertunety to end 
that defference, commanded an execution of the former Judg- 
ment, which the sayd detaynors Rezist. Allsoe, the sd com- 
playnant sayth, that two parttyes : out of our Collony of Mass- 
atusets haue entered : on some of his & his partnors landes, 
&c, though, our sayd Collony of Massatusets larger : then all 
the reste of our fore sd collony es (viz*) one Captayne Hubard, 
and a partty with him : of the sd collony. And diuers persons 
with him : of our Collony of Newplimoth allsoe, And one 
John Towers, and a partty with him : of our Collony of Mass- 
atusets. 

And one William Randall, & a party with him : some of them 
of our Collony of Newplimoth : whoe pretend title by pur- 
chase of Indeans * & haue entered, and (some of them) 



* Roger Williams, in a list of sixteen claimants to the lands of the 
Narragansetts, mentions "9. Capt: Hubbard & some others of Hing- 
ham & Rehoboth by purchase from ye Indians. 10. John Tours of 

Hingham by three purchases from Indians 13. Randall 

of Scituate & White of Taunton & others by purchase from Indians." 
{Prov. Rec, xv: 164.) 



HARRIS PAPERS. 131 

aliened : & voyded, wher, our writs of Rhod Island runes not, 
and wher the complaynant sayth : he is prohibited to sue : by 
our collony of Rhode Island : by a law, vpon y^ forfeiture of 
ye landes sued for, or if he should sue : in any of our sd collo- 
nyes, (before sd) (prohibited to doe) yet, by them cannot op- 
tayne Restitution (by our patents to them) (not contayneing 
the sd land) 

And further complayneth to vs, that diuers others : of the 
towne of Warwick, neer ther to adioyne ing. And of the 
Towne of prouidence : neer ther to adioyneing on both sides : 
of Patuxet, haue under pretence of later purchases : pretended 
title to some of the landes of patuxet, who for theyr pretended 
interest, make theyr partyes : & adherents, throughe out our 
Collony of Rhode Island, and by theyr kindered : & abeters : 
to byas the inhabytance, soe, that if execution of y^ former 
Judgment : could be optayned : which hither to could not, nor 
like to be, yet, among soe few people, (as are sd to be) in our 
sd collony, and kindered, & interest : soe generally : runing, & 
lying betweene the sayd parttyes, & in the sayd defferences : 
& claimes, that an impartiall Jury : cannot (lightly) be had : 
nor founde there. 

Haueing heard : so great grieueance, soe long sustayned : & 
borne, out of our Fatherly care : & princely pitty, could not 
but prouide a mean, to inquire of the truth, and as it may be 
found : Redres the wrong, supposeing, soe long a jurny (in y« 
euening of aige) would not be taken, but by supposeing great 
wrong, and like need of Relief therin. and we being uery de- 
sireous : that our Subiectes (not only neer) (but afar of allsoe) 
should Hue in safty of theyr landes : and goodes, as well as 
theyr hues. 

Therfore, of our Espetiall grace : princly pitty, fathery care & 
compation, loue to Justice, & y^ due adminestration ther of, 
Our Royall will and pleasure is, And here by we doe prouide. 
Constitute, ordayne, apoynt, Authourise : and Require, That 
all : & euery, of our constitutions, orders, & apoyntments, 
herein : & hereby, (after, to be giuen : & granted) shall firmly, 
and fully, be obserued, kept : done : & performed, by all per- 



132 RHODE ISLAND HISTORICAL SOCIETY. 

sons, herein named, or to be named, herein following, or by 
vertue here of, shall be named or apoynted. 
And : our Royall will and pleasure is, for y^ ending of all : and 
euery y^ sayd defferences, betweene all : and euery y^ sd per- 
sons (as need shall require) exspressed : or implyed, to be of 
the sd deffering parttyes, or either of them. To prouid, con- 
stitut, ordayne, apoynt, Authourise, and Requir, a moste Im- 
partiall court : & Jury, with full power, and authourety, in 
such maner & form, as here in after to be exspresed : or im 
plyed : To inquire hear & determine, all defferences, and Issues 
to be ioyned. 

And our will and pleasure is, And we doe by these presents 
prouide, constitut, ordayne, apoynt, authourise : & require, our 
trusty & well beloued : Gouernor of our Collony of conecti- 
cot, that now is : or may be for y^ time being ; who may best 
know (in our sayd collony) the moste worthy, meet, and fitest 
quallefyed men, to doe us seruice, & theyr neighbours Justice, 
That he name : and apoynt : one of our sayd Collony, of the 
moste Juditious, worthy, unconcerned, an impartiall man 
there, to be one of our sd court (to be) to inquir here & de- 
termine (as further to be exspresed) And that our sd Gouernor : 
giue to such sd man an oath : as usethe to be giuen in such 
case. And that he soe apoynted take the same. 
And that our trusty & well beloued : our Gouernor of our 
Collony of Massatusets, that now is : or for the time being, 
who may best know (in our sd collony) the moste worthy, meet 
men, & fitest quallefyed : to doe us seruice : & theyr neigh- 
bors Justice, That he name : & apoynt one of our sayd collony, 
of y« moste Juditious, worthy, unconcerned, an impartiall 
man there, to be one of our sd court (to be) to inquire hear & 
determine (as further to be exspresed) And that our sd Gouer- 
nor, giue to such sd man an oath, as vseth to be giuen in such 
sd case. And that he soe apoynted take the same. 
And that our trusty & well beloued : our Gouernor of our 
collony of Newplimoth, That now is : or for the time being, 
who may best know (In our sd collony) The moste worthy : 
meet men, & fitest quallefyed, to doe us seruice, and theyr 



HARRIS PAPERS. 133 

neighbours Justice, That he name : & Apoynt, one of our sd 
collony, of y^ moste Juditious, worthy, unconcerned, an im- 
partial! man ther, to be one of our sd court (to be) To inquir 
hear & determine (as further to be exspresed) And that our 
sd Gouernor : giue to such sd man an oath : as useth to be 
giuen : in such case, And that he soe apoynted take the same. 
And that our trusty and well beloued : our Gouernor of our 
Collony of Rhode Island & Prouidence Plantations, &c, for the 
time being, who may best know (in our sd collony) the most 
worthy, meet men : & fitest quallefyed, to doe us seruice, & 
theyr Neighbours Justice, That he name : & apoynt, one of 
our sd collony : of y^ moste Juditious, worthy, unconcerned, 
an impartiall man there, (to be) one of our sd court, to be, to 
inquire hear and determine, as further to be exspresed. And 
that our sd Gouernor, giue either an oath : or an Ingaigement : 
to such sayd man, acording as is used : in such sd case : in our 
sd collony, and as by our patent : we haue endulged them. 
And that he soe apoynted : take the same oath or ingagement. 
But for as much : as mortallety, sicknes, and diuers in-firme- 
tyes, incident to men, may Impead : either of our sd Gouern- 
ors : soe as not to be able to performe, acording as by these 
presentes is : & is to be prouided, & Required : with the 
moste conuenyent speede, 

Therfore, our will and pleasure is. And by these presents pro- 
uide, constitut, ordayne, apoynt, Authorise : & require. That 
if it should soe come to pas : that any : or either : of our foure 
fore sd Gouernors, for the time being, be at any time hindered : 
or disabled, soe, as cannot : & doe not performe & doe, as by 
these presents : is, & is to be Required, that then : in all : & 
euery such case : or cases, each of our Deputy Gouernors : in 
our sd collonyes, for y^ time being Respectiuely : shall haue, 
and haue : power & Authourety, and required here by, to doe 
& performe, all, or any of those thinges, our sd Gouernors : or 
any, or any of them : are, or are to be, here in : by these pres- 
ents required to doe, and shall be of like force, and efecte : to 
all intents what soeuer. 
And for as much as like hinderances : may impead : such, or 



134 RHODE ISLAND HISTORICAL SOCIETY. 

some of such, as may be : of our court (to be) to inquire here 
and determine y^ fore sd defferences, and the more like : by 
reason of distance of places, and yet : to come to gether to 
one place, And we being willing : to prouide Remedyes ; 
against all hinderances. 

Our will & pleasure is, and by these presents prouide, consti- 
tute, ordayne, apoynt, Authourise, & require. That if any : 
or either : of our sd court (to be chosen) by any means hapen 
to be hindered, soe, as at y^ sd court (to be) ther apear but 
three of the foure (to be apoynted) that then, our sd three : 
shall be, our lawfull court, to all intents herein : by these pres- 
ents. And y' two of y^ three agreeing, in any matter or 
thing, as to proceedings : in our sd court, about any matter : 
pertayn ing to theyr inquireing hereing & determineing, as to 
y« sd defferences, or in Judment, or Judgments ther of, or 
ther about, or in any matter or thing what soeuer, pertayneing 
to a court to hear & determine, to doe, two, of y^ sd three, 
shall haue full authourety : & power, of our sd court (to be) 
and to giue a vailed : & lawfull Judgment, or Judgments, vpon 
y^ verdict : or uerdicts to be brought in, when brought in, by 
y^ Jurye or Juryes, herein : & here by, (after to be apoynted) 
And for as much as y« parttyes concerned in the sd deffer- 
ences (as is complayned) some times inhabit : or are, in three 
of our sd collonyes at y^ least, and supposed, may shun apear- 
ance : at our sd court (to be) and as Issues, may be founde by 
the Jury : or Juryes, Judgments giuen, and costes and dam- 
ages awarded, some may flee from sumons, atachments, & ex- 
ecutions, out of, or into, any of our sd collonyes (if not pro- 
uided against) 

Therefore, our will and pleasure is. And by these presents 
prouide, constitut, ordayne, apoynt, Authourise, & Require, 
That upon complaynt, by any of the persons concerned, in the 
fore sd defferences, to any one of the foure fore .sd (to be 
apoynted) (to be of our court) he, or any of them, shall haue 
by these presentes Authourety : & power, to giue out sumons, 
& shall giue out sumons, into any of our foure fore sd collo- 
nyes, Requireing him : or any of them : in our name to make 



HARRIS PAPERS. 135 

his or theyr apearance : at our scl court, to be, &c. And like 
wise, as need shall require, to send out atachment, or atach- 
mentes, of persons, goodes, cattell, or chattells into any : of our 
foure fore sd collonyes. And to constitut an officer to execute ye 
same. And to imprison, any such person : or persons, that doth 
not apear vpon sumons, nor will not giue securety for his or 
theyr apearance, as the case requireth, in any of our Goalies in 
either of our sd collonyes, untill y^ next our fore sd court to 
be, as soone as conuenyently can be. 

And least any of our fore sd court herein required (as afore 
sd to be) should be defeated, by death of any of them, or other 
debillety, and soe the defference remayne : unended, our will 
& pleasure is, and we doe by these presents prouide, constitut, 
ordayne, apoynt, authourise, & require. That if any : or either : 
of the fore sd foure : to be apoynted, to be our sd court, after 
they are apoynted, or either of them, or after apoynted and 
sworne, or after apoynted & sworne or ingaged, to such sd 
place & trust doe dy, or fall into any utter in capassety to per- 
forme such sd trust, that then, in any, or either of our sd 
collonyes (wher such sd fayler happeneth to be) (and as often 
as need shall Require) our Gouernors of our sd collonyes for 
y^ time being, or either of them : shall name another : or oth- 
ers, or if either of them our sd Gouernors be disabled as afore 
sd : then ther our Deputy Gouernor shall name another, or 
others : of our sd collony : or collonyes, of the moste Judi- 
tious, worthy, meet, & fitest quallefyed man, or men ther, and 
shall giue an oath to him, or them, as afore sayd, and, that he 
& they, take the same, And that our Gouernor of Rhode Is- 
land, &c, for the time being, wher if : and as often ther : as 
such fayler happeneth to be, shall name & apoynt another ther, 
of the most Juditious, worthy, meet, fitest quallefyed, uncon- 
cerned, unbyased man. And shall giue him his oath : or in- 
gagement : acording to our patent to them, &c. And which 
sd man : or men, shall take the same. 

And that all thinges : may be done with y*' moste equity, and 
(wher it may be) with ease all soe. And for y* y^ sd landes lyes 
some what equally distant : from each Collony (or partes ther 



136 RHODE ISLAND HISTORICAL SOCIETY. 

of) And some certayne place in conuenyent time : is needfull 
to be knowne with speed, to sumon persons concerned, to 
apear at (uiz^ the deffering parttyes far remot from each other, 
witnesses, and Jurors allsoe, And yet, moste meet : our sd 
court (to be) apoynt y^ sd place. 

And therfore, our will & pleasure is, that our sd court : 
with all conuenient speed : after they are nomenated & as 
afore sd. That they nomenat & apoynt the place, where they 
intend to hold our sd court (to be) that persons, timely, may 
thither be sumoned, ther concerned. 

And as we haue prouided a mean for, giuen authourety to, 
and required of, our Juditious court (to be) soe we intend to 
prouid a prudent, impartiall Jury, to try the Issues, to be 
ioyned : betweene the proprietors of Patuxet, and all parttyes : 
& persons, concerning title to, and trespas on, the sd land, and 
as neer as may be, that our subiectes, in our sd collonyes may 
see : we are willing they should inioye : like equall iustice, 
with our subiectes of our realm of England, and in like maner, 
and acording to the equity of proceedinges in law here, pro- 
ceedinges there, should be, as to tryall of titles : to the sd 
landes of Patuxet. Therfore know, that our will & pleasure 
is and by these presentes prouide, constitute, ordayne, apoynt, 
authourise : and require, our trusty : and well beloued, our 
gouernor of conecticot for the time being. That he apoynt : 
how many, prudent, impartiall men, be taken out of conecti- 
cot collony, and how many out of massatusets collony, and 
like wise how many out of Newplimoth collony, and propor- 
tion as equally as may be, the number to be taken out of each, 
acording to the number in each, The whole number to be 
taken out of the sd three collonyes, to be fortty and eight 
prudent impartiall men. (but in the defferences between the 
sd patuxet men : and others of our collony of Rhode Island, 
as to title to, & trespas on, the sd land, they ther being growne : 
soe into partyes (as afore sd complayned) ther fore, noe Jurors 
ther to be taken, in the sayd case, except both partyes wil- 
lingly consent, and : (to the persons if taken allsoe.) And 
when, our sd Gouernor of conecticot, hath nomenated the sd 



HARRIS PAPERS. 137 

numbers, and made knowne y^ same, to our Gouernors of 
Massatucets, & newplimoth, (as by these presentes is required 
he shall) our will and pleasure is, and by these present prouid, 
constitut, ordayne, apoynt, Authourise, & require. That our 
sd trusty : and well beloued Gouernors : for the time being, 
each of them, in our Respectiue colloynes, where they are 
gouernors, shall by name apoynt, each such sd number, of the 
moste prudent, unconcerned, impartial!, unbyased men, to 
make up the forty and eight. And that then, each deffering 
partty, or theyr aturnyes : upon request : to the sd our Gou- 
ernors, shall haue the knowledg of the names, of the sd forty 
and eight men, against any of which, they may haue theyr re- 
sonable challenges of fauor, at the discretion of the sayd Gou- 
ernors, And soe many as challenged by y^ parttyes & alowed, 
by our sd Gouernors, or either of them, shall allsoe by them, be 
supplyed, to resonable satisfaction of each partty, or theyr 
aturnyes. And that then, each of our sd Gouernors, shall 
take out of the sd number, soe many of the moste prudent, 
unconcerned, impartiall unbyased men, as acording to propor- 
tion set before : will make twelue, for a Jury to try the sd is- 
sues, out of each collony proportionablely. And that noe 
meanes : may be used, to byas the sd twelue iurors, our sd 
Gouernors shall conseale the name of the sd twelue, untill, 
uery neer the time of tryall, and then to be apoynted by our 
sd Gouernors (the sd iurors) to be at the sd time & place (to 
be apoynted) as afore sd. 

And our will & pleasure is, & by these presents doe further 
prouid, & ordayne, That our sd court (to be) doe see (if the 
partyes cannot agree) what iust, & lawfull issue, or issues to 
ioyne, that then, our sd court shall state, iust, lawfull, and 
honnest issues : betweene them, to be tryed by y^ iury. And 
least some of the sd iurors, should fayle of apearance, by neg- 
lygence. our sd court shall asses reasonable penaltyes, for any 
of theyr neglectes. And shall supply theyr roome : or roomes, 
by the moste impartiall men (that may be had,) & as neer as 
(may be) to the satisfaction of both parttyes. And further 
more to prouide, for the doeing of equall iustice : & right be- 



138 RHODE ISLAND HISTORICAL SOCIETY. 

tweene y^ sd parttyes (viz*) Patuxet men : & all those within 
the collony of Rhode Island, &c, that deffer with them : as to 
title of landes, or trespas ther on, And concidering, we haue 
endulged the sd collony : with respect to theyr remotnes, and 
defferent imderstandinges, to some of our proceedinges in our 
Realm of England ; as other of our Subiectes in new england 
are, in some thinges (of like nature) and the lawes of the sd 
collony being acordingly, with respect to witnesses, as to 
tryalls of title of landes, & all other cases, and that ther (as 
the complaynant afore sd sayth) neuer lightly is vsed an oath, 
but insted ther of, an Ingagement : vpon y« penality of per- 
iury to speake the truth, or suffer such penality : as for fallce 
swearing, & acording to which, diuers testamonyes haue bin 
taken, as to y^ fore sd defferences, & without such form : & 
manor of witnessing, witnes to matters in y^ sd collony, can 
selldome be had, for that but few ther, will take an oath (as 
we are informed) by which way of witnessing, acording to y^ 
law & proceedinges of our sd collony, neither of the sd 
parttyes, can be unequally delt with, for that themselues : haue 
bin ayding to, or enacting of, the sd lawes, (as the sd com- 
playnant sayth) In concideration of the fore sd, our will & 
pleasure is, and by these presentes prouid for, constitut, or- 
dayne, apoynt, authourise, & Require, That our sd court (to be) 
shall admit all parttyes in y^ sd defferences, fayrly to plead, 
shew, & set forth theyr titles to the sd land, and by the lawes 
of our sd collony, to proue theyr sd titles (not being contrary 
to our lawes of our Realm of England) but agreeable to our 
patent, And that ye Jury shall proceed as to theyr verdicte, 
acording to our sd patent, within the boundes ther of, & ye 
lawes ther by, (and not contrary to our lawes of our Realme 
of England) as other iuryes, in other our collonyes, giue theyr 
verdictes, acording to y^ laws of such other our sd collonyes. 
And upon y« uerdict, or uerdictes giuen in, by such sd iury, or 
iuryes, in the sd case, our sd court shall acordingly : (agreea- 
ble to our lawes of our Realm of England) giue Judgment 
ther on, & grant out execution therof, & cause it to be exe- 
cuted, but, in easy maner (if not rezisted) but if rezisted : then 



HARRIS PAPERS. 139 

our sd court shall haue, & hath power hereby, to giue authour- 
ety, and shall giue authourety, to an officer constituted by 
themselues, to rayes suffitient strength : at his discretion, in 
either of your foure fore sd collonyes : or all of them, And to 
imprison y^ rezisters, in any, or either of our comon goalies, 
in our fore sd foure collonyes, & to proceed againste them, 
acording to our lawes, in such case prouided. And to put the 
person, or persones, in full possession, whose Right it is found 
to be, by such fore sd fayre tryall, verdict, & Judgment, and 
award iust costs & damages And for as much as Justice is the 
mayne matter hear in intended in all thinges here about to be 
acomplished & efected & therfore like needfull prouition to be 
made to acomplish y^ same & concidering y<^ distance of places 
& y^ frayltyes incident to human nature & y^ long dependance 
of ye fore sd defferences Therfore our will & pleasure is & by 
these presents prouide, constitut, ordayne apoynt, authourise, 
& require that if any of our fore sd court (to be) should fayle 
after chosen & apoynted, or after chosen apoynted & sworne, 
or after sworne or ingaged (as afore sd) or y' by some (as yet) 
unknowne neglect or hinderance in any one of our fore sd 
foure collonyes should happen not to be chosen any one of our 
fore sd court (to be) That then y^ other three chosen as afore 
sd shall be our lawfull & suffitient court to hear & determine 
to all intents afore sd Or, if it should soe come to pas that 
all the fore sd Jurors : in any one : of our fore sd three collo- 
nyes (wher before apoynted the iurors to be taken) should by 
any (as yet) unknowne neglect, or any hindered, soe, as not 
apoynted to, nor doth not apear at our sd court (to be) That 
then, our fore sd court (to be) by these presents shall haue : 
& then haue : full power & authorety to nomenate, apoynt & 
require, and shall require, soe many worthy, prudent, indeffer- 
ent unconcerned unbyased impartiall men for iurors, as shall 
make up y^ sd number of twelue, to try y^ sd issues (to be 
ioyned) as to y^ fore sd defferences, in, or out of, any, or all, 
our fore sd three collonyes ; (or any out of the other fourth 
(as afore sd prouided) (by consent of y^ deffering parttyes) 
And y* our sd court alow reasonable challenges (of fauor at 



140 RHODE ISLAND HISTORICAL SOCIETY. 

theyr discretions) If any of them be challenged, (and by our 
court scene cause to alow it) then by our sd court y« iury to 
be made up, to reasonable satisfaction of y« parttyes (at our 
sd courtes discretion) 

And y' our sd court shall giue oath to y^ sd iurors by uertue 
of these presents, and y* they ther by shall take y^ same, pro- 
uided all soe, if any be taken for iurymen, by y^ concent of y*= 
deffering parttyes, out of y^ collony of Rhode Island, &c, (as 
afore sd) then y^ sd shall be sworne or ingaged by our sd 
court : acording to our patent to our collony of Rhode Island, 
&c, and such sd iury shall be a lawfull iury to all intents by 
these presents whatsoeuer. And for as much as our court 
afore sd (intended) to redres y^ wrong, should not be opressed 
nor grieued ther by, by whomesoeuer y^ wrong be done, & 
founde by y^ iury (to be) and iudgment giuen ther upon : shall 
pay to our sd court, or shall by uertue of these presents be 
distrayned, or taken by execution : of him, or them, founde y^ 
ofending person, & persons : theyr goodes cattell, or chattells, 
to such uallue as shall amount to such sum : that each of y^ 
foure of our sd court (to be) (and ther) shall haue the uallue 
of four shillings starling mony for each day, he, & they, are 
about y^ sd matters to inquire hear & determine, from y^ time 
he & they come from theyr homes, untill they be thither re- 
turned agayne (by vse all time) 

And y' iustice & right may be done, to all men ther about, & 
noe man be opressed by his neighbors faultes, nor bear the 
charg of an other mans wrong doeing, therfore, our will & 
pleasure is, & by these presents prouide constitut ordayne 
apoynt authourise & require, that our sd court (to be) shall set 
such sum : as shall be Just for y^ Jury, & witnesses, concider- 
ing theyr time : & trauell, and charge. And all other neces- 
sary coste, charg, & damag sustayned by any one : & euery 
one, in y^ sd defferences, and againste whome y« verdict shall 
be founde : & y^ Judgment be giuen, shall all y^ costs charges 
& damages be payd, acording to law & Justice, And that we 
may know, what wrong hath bin done, and what cause of com- 



HARRIS PAPERS. 141 

playnt, and y^ redynes of our gouernors : & court afore sd (to 
be) to inquire of wrongs : & trespases, & hear & determine, 
acording to right law & Justice, as afore sd. Our will & pleas- 
ure is, & by these presents Require, that our fore sd Gouern- 
ors : & Court (to be) when y^ sd defferences (as to y^ mayne 
matter) hath bin inquired, heard, & determined, that then (in 
conuenyent time) they send to us the tenor of y« same. And 
for as much as the rights (by law) not onely of one man but 
all men not onely of fathers but theyr posteretyes all soe 
should be vindecated & mayntayned & that all our loyall sub- 
iects may Hue in surety of theyr landes concerned in y^ sd 
contrauercyes And for as much as y^ fore sd complayneant 
& our petitionor is aiged and hath a long vioyage by sea home 
ward & ther by incedent to many dangers And sayth (implic- 
etly) his life hath bin threatened to be taken away by his ad- 
uersaryes though hither to by Godes prouidence preserued 
against theyr seuerall contriuances ; Therfore our will & pleas- 
ure is & by these presents prouid for, constitut ordayne apoynt 
authourise & require That if our petitionor dy in his vioyage or 
Journy home ward or caste away by sea, or any way : or wher, 
slayne before any or all y^ sd defferences are ended That then 
the heir or heires of him : & each of them, shall haue like pro- 
ceedings & remedy by these presents and all & euery of them 
acording to all thinges contayned herein concerning y« sayd 
defferences to all intents there of as if our sd petitionor wear 
liueing & his partnors to y^ full & finall end of all y^ sd deffer- 
ences 

And for as much as like danger is incident to these presents 
by sea or land by fire or water or may be eloyned or embezeled 
& diuers wayes miscarry. Therfore our will & pleasure is & 
by these presents prouid constitut ordayne apoynt authourise 
& require y* y^ the exemplification here of shall be of y^ same 
force & efect in y^ law to all intents here in what soeuer as 
these presents are, or may be, to him, them, & to ther heirs, 
all soe shall be 

[Transcript from original in the British Public Record 



142 RHODE ISLAND HISTORICAL SOCIETY. 

Office, London, Colonial Papers, xxxiv : no. 62. See Sains- 
bury, Calendar State Papers, Am. & W. /., idy^-yd, no. 534. 

This document is in the handwriting of William Harris.] 

39 

Harris's Account of New England, 29 April, 1675. 

Endorsed : — An Account (taken fro M^ Harris) of New 
England, Aprill 29, 1675. 

New-England. 

Aprill 29. 1675. 

The Number of People there, M"" Harris sayes, he knowes 
not certainly, but judges y* y^ number of men bearing 
Armes may amount to 7. or 8 thousand foot, and about 8. 
or 10. Troops of Horse, each Troop consisting of between 
60. & 80 Horse.* 

As to y^ Number of ships, he sayes they build every yeare 
about Boston, Salem, and in y' Jurisdiction 12. ships be- 
tween 40. and 80. Ton,t that he came over in a ship built 



* This estimate was undoubtedly far more correct than that of 16,000 
arm-bearing men, as given in the anonymous " observations " sent over to 
Randolph, 20 March, 1676, or than the extravagant computations of 
Cartwright in 1671 and Randolph in 1676. (See Palfrey, iii : 36; Hutch- 
inson Collection of Papers, p. 485 ; Prince Soc. Pud., xxvi : 199.) Andros 
estimated in 1678 that there were in Connecticut about 3000 freemen able 
to bear arms, in Rhode Island 1000 or 1200, in Plymouth 1000 or 1500, 
and in Massachusetts 8000 or 10,000. {Idem, xxvi: 301.) 

t The anonymous "observations" on New England of 20 March, 1676, 
{Prince Soc. Pub., xxvi: 199; Palfrey, iii: 303, who assigns the date 1673) 
assert that "there are 12 Ships of betweene 100 and 220 Tuns, 190 of be- 
tweene 20 and 100 Tuns, 440 Fisherboats, of about 6 Tuns each." Ran- 
dolph writes to Coventry, 17 June, 1676, that "for these 7 last years Com- 
munibus Annis they have lanched 20 Ships Some of 100 Tuns & some 
under;" and in his Report of 12 October, 1676, he says "There are built 
in and belong to that jurisdiction 30 Vessels from 100 to 250 Tuns, 200 
from 50 to 100 Tuns, 200 from 30 to 50 Tuns, and 300 from 6 to 10 Tuns." 
(Hutchinson, Collection, p. 496.) 



HARRIS PAPERS. 143 

there of 200 Tuns, & carrying 14. Guns. The Fisher- 
boates he knows not y^ number of, y^ Fisheing Trade be- 
ing more Easterly than where he lived. He sayes there 
are never fewer than 2. men in every boate, & generally 
3. or 4. men. The greatest Fishing is about Puscatoa. 
Eastward fr5 Rhode Island Colony, where he lived. The 
Fishing is in Codd, Haddock, & Mackarel, w^, he sayes, 
is very great, & is thence transported into ye West Indyes, 
as to Barbadoes, &c. to Spaine & y^ Streights. 

Iron-workes, he sayes, there are 3. or 4. but never heard that 
they cast" any Guns there, though they have many in y^ 
Country, where on y^ sea-side he has seen some 3. yards 
& a halfe long. These Guns are most about Boston, in y^ 
Fort whereof (wch is on y^ Sea-side, & by w^h all ships 
must passe) he has been told there are above 20. Guns, 
besides what are planted on y^ Bulwarke neare y^ Town. 
In these Iron-workes they formerly cast Iron pots to 
boyle meat in &c : 

The Merchants, he sayes, seeme to be rich men, & their 
Howses as handsomely furnished, as most in London.* In 
Exchange of y^ Fish, Pipestaves, Wooll, & some Tobacco, 
w^^^ is exported thence, they have fro Spaine, Portugal, & 
ye Islands, Wines, & other ye Commodityes of those 
Country es. Their Wooll they carry to France, & bring 
thence linnen. To England they bring Beaver, Mouse & 
Deer-skins, Sugar & Logwood, & carry fro hence Cloath, 
Iron-wares, as Nailes, Locks &c. To Barbadoes they 
carry Horses, Beef, Pork, butter. Cheese, flower, Pease, 
biskett &c. & fro thence have Sugar & Indigo ; And when 
they trade to Jamaica, as they doe some times, with Pro- 
visions, they bring home pieces of 8/8, Spanish Plate, & 
Pigs of Silver. Their Money is of pretty good Silver, in 



* The " observations," as above : " There bee 5 Iron-Works, w^h Cast 
noe Guns 15 Merchants worth about 5o,oooli, or ab* 5,oooli, one with an- 
other. 500 persons, worth 3000^ each." See also Randolph's Report in 
Hutchinson, p. 485-486. 



144 RHODE ISLAND HISTORICAL SOCIETY. 

y^ middle of it is a Pine-tree (w^h w* the Country abounds, 
& of w^h they make Tarre & Pitch). The valuation of 
their Silver is but 3. or 4. sterling money, & a New- Eng- 
land shilling is but 9<^ sterling The Pieces usually currant 
are only, 2^, 3^, (4^ they have none) 6^, & shillings. 
With this Silver they are wholly supply ed fro Jamaica. 
The Howses in Boston, he sayes, are of Brick, & ordinary 
Stone, but most of Timber, some are 2. & y^ most but 3. 
story es high.* The Town it selfe is very large, & scitu- 
ate upon a neck of Land, surrounded w^h a great Salt- 
river, only to ye Land ward there is an Entrance into y« 
Towne of about 40 Perches large, over a low-salt marsh & 
w^'i is sometimes over flown by y^ Sea, & where they may 
cutt a River. They have 3. Meeting Howses, sett round 
w"» Galleryes, & very full. Each Meeting-Howse is as 
large as an Ordinary Parish Church here. The Country- 
Howses are generally of Timber ; in Rhode-Island y^ 
Howses are very good, especially at a Town called New- 
port in yt Colony, w^^ thrives very well, & where are more 
sheep than in any place in New-England, t y^ Haven is 
very commodious, being situate just upon y^ Sea, whereas 
yt of Boston is 2. or 3. leagues w^^in ye Land, and is large 
enough for 100. ships. 



*" Observations," as above : " No house in New England hath above 
20 Rooms : Not 20 in Boston, which have above 10 Rooms each. About 
1500 ffamilies in Boston. The worst Cottages in New England are 
lofted." Randolph in his Report says : " The town [of Boston] contains 
about 2000 houses, most built with tymber and covered with shingles of 
cedar, as are most of the houses in the country, some few are brick build- 
ings and covered with tyles." See also Josselyn account of 1663 in his 
Two Voyages, p. 162; and that of the Commissioners in 1666 in Hutch- 
inson Collection, p. 421. 

t The Royal Commissioners reported in 1666 that in Rhode Island was 
" the best English grasse and most sheep, the ground very fruitfull, ewes 
bringing ordinarily two lambs." (Hutchinson Collection, p. 416.) William 
Brenton alone in 1673 owned over 1500 head of sheep (Austin Geneal. 
Diet., p. 254), and William Coddington was also a large sheep-raiser. {4. 
Mass. Hist. Soc. Coll., vi : 319, vii : 279.) 



HARRIS PAPERS. 145 

This Island is about 12. miles long, & 2. broad, & y^ Gar- 
den of New-England. There is a good Harbour likewise 
in y^ Jurisdiction of Connecticut, called New-London, but 
y« Town nor Trade are not as yet considerable, though 
very commodious. 

Rivers, he sayes, he knowes none there that are navigable, 
but that of Connecticut, he not having seen Puscatoa, 
The Country is so well provided with Waters, that you 
can hardly passe a Mile, or two, w^f^out some River, Pond 
or Brooke. 

The Islands, he knowes not y^ certaine number of. In y^ Juris- 
diction of Rhode-Island is one Blocke-Island, w^^ ^vas 
first inhabited about 7. yeares agoe, there is excellent fish- 
ing for Codd round about it, only it wants a Harbour. 
The Colonyes of Plymouth, Connecticut & y^ Mattatu- 
sets, are in a Confederacy or Union, by vertue of certaine 
Articles, but Rhode-Island is not, for w<^^ reason y^ for- 
mer are called y^ United-Colonyes. 

The Soldiers, are all of the inhabitants, none being hired, they 
exercise often & well, their Horsemen weare buff-Coates, 
pistolls, Hangers, & Croslets. Every Soldier beares his 
own Charges, unlesse in time of Warre w'*' y^ Indians.* 
All men y* are able beare Armes, except some few Ana- 
baptists, & y^ Quakers, who will not beare any. 

The Governours are chosen by all y^ Freemen. The present 
Governour of Boston, is one John Leverett, a resolute 
man, but much opposed by one Major Dennison ; the 
Election is yearly, though he has been Governour these 3 
yeares, ever since M"" Bellingham dyed. The Governour 
of Connecticut-Colony is one John Winthrap Senior, a 



* Randolph, in his Report, enters quite fully into the question of mili- 
tia organization. The " observations " say that " not above three of their 
Military Men have ever been actual Soldiers, but many are such Soldiers 
as the Artillery men at London " — an evident reference to the Ancient 
and Honorable Artillery Company of Boston, which still maintains the 
traditions of its two hundred and sixty-four years of service. 



146 RHODE ISLAND HISTORICAL SOCIETY. 

very good sober man, he has been Governour neare 20 
yeares, & about eleven yeares agoe gott a Patent of his 
Ma*y. The Governour of New-Plymouth is one Josiah 
Winslow, a moderate man, the Laws of this Colony come 
nearer y« Laws of England than either those of y^ Matta- 
tusets or Connecticut. The Governour of y^ Colony of 
Rhode-Island is one William Coddington, a Quaker, y* 
Lawes of England are pleaded here, and take place. The 
Governour here has only a single vote. At Boston if y« 
number of votes happen to be equal, the Governour 
carryes y« matter by his. 
Of y« Ministers, The most Tyrannical to those y' differ fro 
them are y* Presbyterians, and amongst tho y^ fiercest is 
one M"" Thatcher,* y^ only man in y^ Country y* keeps a 
Coach. Much ye greatest part of y^ Ministers are Pres- 
byterians, Anabaptists & Quakers in respect of the are 
very few, in Rhode Island-Colony y^ Quakers & Anabap- 
tists, rule, as being much y« greater numbe[r.] 
There is also a considerable Party in all y« Colonyes 
called Common Protestants, who in y^ Mattachusetts are 
not permitted to beare any High Office, as Governour or 
Assistant, but may be Constables, but in Rhode-Island 
they enjoy ye same Priviledges as y^ other Inhabitants. In 
ye Mattachusetts, at a Town called Cambridge, about 3. 
miles fro Boston, is a Colledge, where many Preachers, 
Physitians, & Indians (but no Lawyers) are bred.t The 
said Colledge has translated y^ Bible into y* Indian lan- 
guage. And in y^ Mattatusetts there are 3. or 4. Churches 
or Congregations (as they are called) of Indians, who are 
likewise called Praying Indians, & distinguished fro the 
others in Rhode-Island, who continue unconverted in 
their Paganisme. 



* Thomas Thacher (1620-1678) was the first minister of the Old South 
Church in Boston. 

t Similar descriptions of this college are in the Commissioners' Report 
of 1666 and in Randolph's Report of 1676. (Hutchinson Collection, pp. 
421, 501.) 



HARRIS PAPERS. 147 

A Fenceing Schoole there was formerly in y^ Mattatusetts & 
Rhode Island, but whether there is any now M"" Harris 
knowes not.* 

Gameing is not allowed in y^ Mattatusets. 

As to Cloath, There are made there Linsey Woollseys, & 
others of Cotton & Wooll, & some all Sheeps-wooll, but 
y^ better sort of Linnen is brought fro England. They 
have many Wool combers, Spin their Wool very fine, of 
w^h some make Tammyes, but for their own private use. 

Salt they have fro a Place in y^ West Indyes, called y^ Salt 
Tortudas, uninhabited, & W^** is not farre fro Barbadoes. 
The People who trade to Barbadoes goe & take in Salt at 
y^ Tortudas, made by y^ Sun, the Sea overflowing some 
part of y' Place. It is sold in New England in time of 
Peace at lo^. y<= Hogshead, it is cleare & as white as 
Allom, but very sharp, & much stronger y« y^ Ordinary 
bay-salt. 

Oathes in Rhode Island Colony the Inhabitants, unlesse they 
please, take not any, (Quakers-there, as in England, per- 
emptorily refuse the.) only an Engagement (upon y« pen- 
alty of Perjury) to performe such Office, or to give true 
Testimony, w<=h if they doe not, they suffer as if for false 
swearing. The forme of y^ Engagement is this, You 
here promise to speake y^ truth, or justly to performe such 
office, upon y^ penalty of Perjury. The Oath of Alle- 
giance is to ye effect of y' taken ordinarily in England, to 
be loyal & obed* to y^ Kings Ma^y &c. but y^ Oath of Su- 
premacy, as to y* Kings being head of y^ Church, differs 
fro y' w^h is administred in England. 

[Transcript from the original in the British Public Record 
Office, London, Colonial Papers, xxxiv : no. 66. See Sains- 
bury. Calendar State Papers, Am. & W. /., idy^-yd, no. 543.] 



*The "observations," as above, say: "There are no Musitians by 
Trade. One Dancing Schoole, was set up, but put downe. A Fencing 
Schoole is allowed." There is a close similarity between the heads of 
this report, of Randolph's Report, and of Harris's Account. 



148 RHODE ISLAND HISTORICAL SOCIETY. 

40 

Harris to the King, ii June, 1675. 

Endorsed by Andrew Harris : — A Coppie of William Harris 
Petitione to his Ma^e 

To the Kinges most Excellent Ma*>^ The humble Petition of 
William Harris of New England humbly sheweth : 
That wheras your Petitioner and twelve others neere forty 
yeares since purchased of the Indian Princes a certaine parcell 
of land called Patuxet which they injoyed peaceably for sev- 
erall yeares which though afterwardes claymed first by the 
Towne of Providence, and then by the English Collony of the 
Massachusets was still adjudged theirs. And that they might 
in joy the same more peaceably bounds were set therto, and 
some parts thereofe exchanged by Arbitrators as is recorded 
in y^ Court of c Colloney of Rhoade Island & Providence 
Plantations yet Notwithstandinge John Harrud and a party 
with him have forceably entered upon part of these landes (af- 
ter your Petitioner and Partners had injoyed them above 
twenty yeares) upon pretence of purchasinge the same of 
other Indians, and still houlds them ag^* verdickt, and judge- 
ment of the Court resistinge Execution, And not onely so, 
but in regard Patuxet boundes, and is neer unto severall 
Townes and Collonyes, Your Petitioner & his partners are in 
no small danger to bee deprived of their right by severall of 
them more especially some of y^ Townes of Providence War- 
wicke and New Plimouth and two parties of the Massachusets 
Colloney, 

Wherfore your Petitioner humbly prayes that your Ma'y 
would graciously please to Coinaund the Governors of the 
four Collonyes & their deputies in New England to take care 
that speedy justice bee done your Petitioner and Partners by 
hearinge the Cause themselves, or apointinge such as are just 
and able men to heare the same, and together with an upright 
jury equally chosen out of the respective Collonyes to deter- 
mine all differences concerninge these landes of Patuxet or 



HARRIS PAPERS. 149 

what other way your Majestic shall in Your Princely wisdome 
thinke meet that Justice bee done us, 

And Your Petitioner shall ever pray &c * 

[Cushman Papers.] 

41 

Harris to the King, ii June, 1675. 

To The Kinges Moste Excellent Majesty moste humblely 
Shewing 

That your petitionor, William Harris, a weary traueler for the 
space of allmoste forty years in the willdernes of new Eng- 
land, and one of the first Englishmen that purchased land of 
the moste Superior Indeans in the Narroganset Bay, and 
country, and inhabited ther wher and which (now is) part of 
the Kinges Majestyes Collony of Rhod Island &c, And your 
petitionor and his partners (in the sayd land) (called patuxcet) 
of a long time inioyed the same in peace. 
But in after time diuers persons and partyes some of the fore 
sayd collony, others of the massatusets collony, and likewise 
of Newplimoth Collony vnder pretence of other late pur- 
chases of Indeans, haue entered vpon our fore sayd landes : 
Againste some of the sayd pretended purchasers your peti- 
tioner and his partners haue had suites and arbytrations by 
which the sayd landes haue all wayes bin founde. Judged and 
awarded your petitioners and his partners landes 



* This petition was presented at a meeting of the King in Council on 
June II and referred to the committee for Plantations (Sainsbury, Calen- 
dar State Papers^ Am. &* W. /., i6y5-y6, no. 585). The committee 
met on August 4 and heard the Lords' report of William Harris's case 
" all drawn up in a letter proper for his Majesty's signature, which his 
Majesty approved of, and ordered to be prepared by M""- Sec. William- 
son, and sent to the Governors in New England." (Minutes of the com- 
mittee in Sainsbury, Calendar., etc., no. 631, 632.) The copy of this 
letter sent to Connecticut is printed in Conn. Col. Rec, ii : 586. 



150 RHODE ISLAND HISTORICAL SOCIETY. 

Yet the sayd pretended purchasers againste the sayde Judge- 
mentes and awardes, Still continew to hold by force and sub- 
tillty that your petitioner and his partners can optayne nee 
remedy ; And some of them that enter by force of the massa- 
tusets and Newplimoth can and doe enter and voyd wher the 
Kinges writs of Rhed Island runes net, soe that by nee means 
can optayne remedy, but that our see long Just rightes are 
like to be defeated, Your petitioner therfore prayeth, your 
moste Excellent Majesty, to grant power to seme knowne. 
Just, wise men in New England to hear and determine all the 
sayd defferences by a spetiall assise 

[Transcript from the original in the British Public Record 
Office, London, Colonial Papers, xxxiv : no. 86. See Sains- 
bury, Calendar, State Papers, Am. & W. I., iSy^-yd, no. 586.] 



42 

Harris to the King, ii June, 1675. 

To The Kings Moste Excelent Majesty moste humblely 

Shewing 
That your petitioner A weary traueller for the Space of 
almoste forty years In the wildernes of New England And one 
of the first six persons* that purchased land of the moste 
Superior Indeans in the Narreganset Bay and Country and 
inhabited there wher and which (now) Is part of The Kings 
Majestyes Collony of Rhode Island And preuidence planta- 
tions by patent from your maiesty which sayd land purchased 
&c is called patuxcet by the Indeans and English ther And in 
the Kings patent to the sayd Collony. 
And your petitioner and his partners possesed y^ same in peace 



* The six " first-comers " to Providence were Roger Williams, William 
Harris, John Smith, Francis Wickes, Thomas Angell and Joshua Verin. 
(See Arnold, History, i : 97 ; Field, Rhode Island, i : 24.) 



HARRIS PAPERS. 151 

for many years vntill some neer dwellers vnder pretence of an 
after purchase of the Indeans molested vs But y^ sayd deffer- 
ence being refered to Arbitration Joyntly. The award con- 
cluded ye sd land your petitionors & his partnors 
Some years afterward some of our partnors subiected them- 
selues & lands to the Jurisdiction of the Massatusets (wher of 
Boesten is y« chief Towne) And ther (by suit) demanded y^ sd 
land &c, our Evedence of the same lands (being formerly com- 
mited to y^ sd demandant to keep) part of the sayd Evedence 
was cut out : and peiced together on another paper,* But your 
petitionor being confident of his honnest cause & that his ino- 
cency would answer for him & that y« demandants fraud would 
not avayle went to Boesten wher by y^ good prouidence of God 
And the honnesty of the then gouernor one M"" Dudley his 
plaine honnest dealing with y« demandant he confesed in y^ sayd 
court your petitionors right in y^ sayd land 

Yet neuer the les after ward y^ fore sayd demandants 
& Adherents Againe demanded y^ sayd land by Arbitration 
To which sayd arbitratio The Collony of the Massatusets and 
the Collony of Rhode Island consented and two arbytrators 
came from Boesten & two from Rhode Island all foure awarding 
vs the sayd land Patuxcet afore said 

Next the Inhabytance of a place called Warwick (hearing our 
sayd Evedence was cut & defaced) pretended to some of y^ 
sayd land by a pretend purchas of y^ same, after our purchase, 
& theyrs, not of the moste Superior Indeans, for y^ ending of 
which sayd deference your petitionor & his partnors offered 
arbitration : to y^ said claymors of Warwick, which they re- 
fused, and ther vpon : perceued, y* your petitonor & partnors 
intend to sue y^ sayd of Warwick, They then put on a party 
of Warwick (y^ chief actors among them fled out of the Juris- 
diction of conecticot pursued ther for supposed crimes) To 



*Here Harris again accuses Arnold of mutilating the original Town 
Evidence (see note on p. loi), and connects the matter even more closely 
with his case against Arnold and Carpenter in Massachusetts Courts 
in 1650. 



152 RHODE ISLAND HISTORICAL SOCIETY. 

pretend a new late purchase of inferior Indeans, of some of 
your petionors & his partnors fore sayd land Lying neerer to 
vs and betweene y^ former clayme of others of Warwick afore 
sayd takeing in ther by (by theyr sayd pretended boundes) your 
petitionors house wherin he dwells with his partnors lands with 
other lands of y^ inhabitants of Prouidence which sayd pre- 
tenders (who clayme our sd lands) wear inhabitants in War- 
wick (The Boundes wher of) they of Warwick say Exstends 
twenty miles in length And y^ Inhabytants of y« sayd War- 
wick but about half soe many as they of y^ towne of Proui- 
dence (nether) 

your petitioner & his partnors perceiueing the great fraude 
intended by y^ sayd pretended purchase of some of Warwick 
afore sayde did reason with them y' wear leaders in it to pre- 
uent y^ mischiefes like to ensue 

but they intending ther by to strengthen each otheyrs 
partyes forceable entryes into & on your petitionors & his 
partnors lands would not Receiue our Reasons to preuent 
them But Entered by force in to our sayd lands thinking by 
theyr many parttyes And each for theyr pretended interest to 
encomber vs not only with many suits but by theyr Adherents 
& kindered soe to byas the Inhabitantes that a competent Jury 
might not be had among soe few people our sd aduersaryes 
allso vseing to haue a great partty in & of y^ court wher such 
sayd cases vse to be tryde And they haueing soe tired them- 
selues Entered by force on your petitionors & his partnors 
lands with diuers persons in y«= time of y^ Court then ther 
about twelue years since 

we then complayned of y^ sayd force to y« Justices of peace of 
ye sd Courte who sent a cunstable & ayde to fetch y^ sayd 
Enterors but the sayd Cunstable & ayde wear by y^ sd Enter- 
ors rezisted & could not be, nor yet, are not remoued 
But one of y« sd enterors one John Harrud of Warwick 
afore sd came to y^ sd Justices of y^ peace and gaue bond 
to answer the next court. But not withstanding by theyr 
partty in y* law makeing court had enacted a law That 
who euer comeplayned of a forcable entry he should first 



HARRIS PAPERS. 153 

proue his title to y^ land before y^ force should be tryed 
by which law (contrary to y^ law of your Majesty es &c) 
(noe tenant for tearme of years could haue any remedy against 
a force commited against his possession) your petitionor & his 
partnors wear forced in such forme of law to proceed y* a de- 
mandant may be kept out of his possession about two years 
though his title to the land be good & his possession allsoe 
your petitionor seeing such delay, and vnder, (and long like to 
be) of soe great & griueous wrong, & damage : about Eleuen 
years since I came from New England then intending to sup- 
plicate to your Majesty but then your Majesty es Commition- 
ors wear goeing to New England (by whome I hoped a remedy) 
(but founde none) 

But while I was then in England * ther was in New England a 
tryall of the case And your petitionor for himself & partnors 
had a verdict against y^ claime of y^ sd Harrud Then y« sd 
Harrud (by vertue of a by law ther) without shewing any 
Reason Error or ataint optayned by the same to haue another 
hearing of y^ sd case &c But when the time came to answer 
in y^ said court The sd Harrud by his Aturny & partnors only 
pleading was to be exscuesed from y^ then tryall which y^ court 
before he only desired to preuent Judgment & Execution 

vpon which sd pleading (for allmoste a dayes time) he 
was alowed not to plead &c (as he desired) And then upon y* 
sd verdict your petitionor had a Judgment 
But then the sayd Harrud (by his aturny & partnor one Edmund 
Caluerley petitioned to the Kings Majestyes commitionors then 
at Rhode Island in New England That they would hear & de- 
termine that mater But your Majestyes commitionors sayd 
That they had more vrgent maters of y^ kings in hand but 
when they came back from y^ Eastward they would hear & de- 
termine y^ matter but they had not the opertunity And the 
sayd forcable enterors by force detayn the same the while I 



♦Harris evidently went to England early in 1664. The preparation for 
sending the Royal Commissioners took place early in this year, and 
Harris's verdict against Harrud was obtained 8 March, 1664. 



154 RHODE ISLAND HISTORICAL SOCIETY. 

Still continewed to petition to the court of Rhode Island &c 
That they would require a writ of Execution to Issue out, 
which did, But y« officer the seargant that was to Execute y« 
sd writ was and is soe adherent to the sd enterors & detaynors 
that they rezist y^ Execution and y^ said officer is soe willing 
to be rezisted that noe Execution is done And by reason of 
y^ partnors kindered Abetters & adherents of y^ sd Enterors 
detaynors & seargants we haue bin & yet are & like to be kept 
out of our soe often proued true title to our sd land & posses- 
sion cures for y^ space of allmoste forty years & kept out of y^ 
moste part for twelue years 

And concidering we cannot get Execution of one verdict & 
Judgment (in soe long time,) we cannot acspect If we should 
commence suits against soe many as haue entered they being 
very many knowne & it may be as many vnknowne that may 
(to encomber vs) yet enter, as others haue designed & done 
euer to Hue soe long a time nor noe man to end them all (with 
such delayes) 

All which, Entyers, or claims ar, of one party at proui- 
dence, consisting of many persons, two partyes of y^ Massa- 
tusets, consisting of diuers persons, on party of Newplimoth, 
of which are diuers persons. All (which sd parttyes) haue 
bin anemated by the bold rezistance of the kings writ, by 
y« fore sd of Warwick, forcable enterors & detaynors, & theyr 
succes, & our defeate. (as yet without remedy) O that it 
would please God, and the king to take notice of our opressions 
And of the humble supplication of your petitioner, our opres- 
sions ar, by the many pretended purchases & Entryes of y« 
partyes & theyr abeters ayders kindered & Adherents open 
rezisters (some of them) of the kings writ of Execution, con- 
trary to y« minde of y^ honnest party in y^ sd collony of Rhode 
Island &c, y^ partyes y' rezist & theyr adherents are soe con- 
federated : & ingaged, for theyr owne vsurped interest, to ayd 
each other, that your petitioner : & his partnors : are neuer 
like (ther to haue) y^ verdict & Judgment soe long since giuen 
y^ verdict for about Eleuen years since, & y^ Judgment for 
more than seuen, neuer like to be executed. Nor neuer like 



HARRIS PAPERS. 155 

(there to be) (in y« sd case) a competent Jury to try y« abound- 
ance of defferences about the sayd matters which yet remayne 
(without your majesty es spetiall commition) &c But beside 
(& more then that) there are diuers partyes & persons of y^ 
other Collonys who allso pretend title to y^ sd lands, vnder 
pretence of late purchases who haue Entered by force & 
Aliened y^ same & voyded & agayne Entered at ther pleasure 
And cannot be preuented y^ sayd patents bordering vpon each 
other and y« kings writ of Rhode Island not runing into the 
other Collonyes makes your petitionor & his partners vtterly 
vnable of Remedy (but by your Majestyes spetiall commition) 
True it is (and neuer to be f orgoten) your Moste Excellent 
Majesty hath gratiously granted many fauors & great enduld- 
gence to your subiects of New England all Emuneties of free- 
borne English men, and therfore, the lawes of your Realm of 
England, by which, they may Hue in safty of theyr lines & 
lands &c 

But for as much as three thousan miles distance of 
place doth soe allter our case that when incompetent or fauor- 
able enquests are, we cannot : soe soone come, nor returne, 
nor with, soe litle danger nor with soe small charge optayne 
writs of Circeorari (as your Majestyes subiects inhabiting in 
England may) nor can (but very few liueing soe remote) 
vndergoe soe long delay & stay cost charge absence from home 
& trouble to doe it, but y' they must either lose all such suits 
at home (to theyr vtter vndoeing or spend all they haue to 
come soe far for remedy & then peraduenture y^ charg and 
exspence may be more than they imagined would be, or haue 
to exspend & soe end seeking a right remedy & find an vtter 
Ruen to themselues & famelyes be theyr causes neuer soe Just 
And for as much as your Majestyes lawes of England presup- 
pose Just ocacation for granting Spetiall comitions into Cor- 
porations within your Majestyes Rhelm of England and yet, 
noe detryment to y^ former commition, nor to y« such sd cor- 
poration How much more nesessety : hath your : so long 
opressed, greatly grieued, & remote petitionor to supplicate to 
your Majesty for such sd commition not with standing your 



156 RHODE ISLAND HISTORICAL SOCIETY. 

former commition, & y^ sd corporation being but few & lately 
and matters neuer well setled nor haue had but litle time to doe 
it & haue bin much enterrupted in it and therfore noe wonder 
then If in y^ kings corporations in his Realm of soe antient 
standing soe long setlement y« mulltitude of people (among 
whome might be thought to be had Impartiall Juryes) The 
law presupose for y« mayntenance of Impartiall Justice the 
kings Honnor & peace & his subiects rights spetiall commi- 
tions needfull & spetiall assises, much rather and more need 
in newengland 

O ! That The Kings Moste Excelent Majesty would be 
pleased Gratiously therefore to grant A spetiall Commition to 
some known wise Just men in Newengland to hear and de- 
termine by a spetiall assise there wher it may be sooner heard 
wher all persons concerned are 

[Transcript from the original in the British Public Record 
Office, London, Colonial Papers, xxxiv : no. 87. See Sains- 
bury, Calendar State Papers, Ant. & W. /., idy^-yO, no. 587.] 



43 

Harris's Statement of Case, ii June, 1675. 

A demandant, with his partners 

B tenant by force & his partners 

A purchaseth land in New England & first purchaseth of y« 
moste superior Indeans 

B he purchaseth some of the demandants land of Inferyor 
Indeans and Enters by force 

A Complaynes of the force by B And optaynes A Judg- 
ment 

B Rezists y^ Execution & keeps his possession by force 
And getts others (soe to pretend purchas) who allso enter by 
force 

A seeing soe many parttyes entered And one (of them) (by 
abetters) able to hold by force, he concludes, y« more parttyes. 



HARRIS PAPERS. 157 

ye more able, And concludes, ther must be a new remedy, or 
none. A Then petitions to y^ King for power to be given to 
some persons in New England to hear & determine by A spe- 
tiall Assise Now whether A pray y* which may Regulerly be 
granted 

B may say y^ kings power is in N E all redy & is not to 
be displaced by a complaynt 

A supposeth The king grants power in England to some 
wher his commition is before to hear & determin by a spetiall 
Assise & noe detryment to the former commition And sup- 
poseth ye law sayth it. And prayes a resolution 

[Transcript from original in British Public Record Office, 
London, Colonial Papers, xxxiv : no. 88. See Sainsbury, Cal- 
endar, State Papers, Am. & W. I., l6y^-j6, no. 588.] 



44 

Harris's Statement of Case, ii June, 1675. 

A, And his partnors Trauelled into new England all most 
forty years since and then & there purchased lands of y^ most 
superior Indeans (meere monarhes over y^ Indeans) before y« 
exercise of y^ kings Jurisdiction ther by patent 

B, And his partnors, since, purchas some of y^ sd lands of 
Inferior Indeans And enters into it by force 

A, And his partnors, complayne of B his fore &c And after 
some delay optaine a Verdict And after longer delay A 
Judgment but not an execution performed nor serued in twelue 
years after y^ force commited, nor yet to this day The reason 
is because y^ officer called a seargant is willingly rezisted by 
^&c 

B pretending he will kill whomesoeuer enters vpon him to 
dispossess him And pretends first, that he hath y^ best title 
&c 2 ly sayth, y' y^ kings commitionors eleuen years since : 
or there aboute, when they wear in new England s^ they would 
end it when they came from y^ eastward from doeing y^ kings 



158 RHODE ISLAND HISTORICAL SOCIETY. 

busynes there, but are not yet come therefore not to be dis- 
seised 

A, &c sayth, That he complayned of delay to y* kings 
Court of Rhode Island And y^ sd Court heard B &c his Al- 
legations yet required executio And y* y« officer & B confed- 
erate y« one to rezist & ye other to be rezisted in y^ execution 
is y« delay And A sayth all y^ s<^ Commitionors are now dead 

B, keeping y« possessio by force in corageth others to enter 
by force allsoe Then enters C, & his partners D, & his part- 
ners E, & his F, & his G, Allsoe 

A Then sayth, B hath kept vs out twelue years but C, D, 
E, F, & G, by y« same way may keep vs out each as long as 
B If they wear vnder y^ same Jurisdiction by such force And 
Imbracery but E, F, Si G being of other Jurisdictions where 
y^ fore sd Collony of Rhod Island writs runs not y^ sd E, F, 
& G, entering, & voyding, can not be tryed at Rhod Island, 
And by y^ sd Rhod Island law prohibited, A, & all others to 
try y« title of land lying in y^ sd Jurisdiction in any other of 
y^ Collonyes Courts (to say) of y« massatusets, Plimoth, or 
Conecticott vpon penality of forfeiting y^ land A, concider- 
ing y^ long delay in a case Judged Just by law. And that A, & 
his partners title to y^ sd lands haue bin seuerall times by 
awards of Arbytrations Judged A, & his partners And once 
by an arbytration Agreed to be by y^ Collony of y^ Massatu- 
sets, & of Rhod Island allsoe, two Arbytrators coming from 
each all foure awarding y^ sd land to ^, & his partners Then, 
A, conciders y* longer likely hood of y« like delayes his old 
Aige, & short life And supposeth noe remedy in New Eng- 
land A Th erf ore intendeth to supply cate to y« kings Majesty 
To grant his order to whome y' king pleaseth to hear & deter- 
mine by A spetiall Assise 

by B supposed to be sd that the King will not grant such 
order in the absence of B &c 

A supposed to say That what he prayeth of the king is noe 
more nor noe other thing then to bring ^ &c to a fayre tryall, 
to which If y« defendants or tenants presents must be had, or 
noe proceeding, then wher & when y^ tenant doubts of his 



HARRIS PAPERS. 159 

Just cause ther then he will not be, to endanger it, by his 
presents, knowing, his Absents will keep of ye tryall : & all 
danger by it. but writs for apearance doe not vse to depend 
vpon y* presents of defendant nor tenant 

supposed may be sd as to B Sac That A Judgment is all 
redy (as to B Sec &. therfore needs noe tryall nor to be brought 
to it 

A supposed to say That B hath leased to diuers others y' 
wear in y^ force with him but now entered for themselues 
seuerally And B hath many wayes trespased since for which 
he hath not bin tryde nor Just y* he should be suffered in it 

B, supposed may say That y^ king his grants & Patents to y« 
Collonyes in New england cannot admitt such order from y^ 
king as afore sd for then euery disconted person will com- 
playne to y^ king & perplex his neighbors and render his 
patents of noe vse to y^ ending of defferences 

A, supposed to Answer That If y^ kings patents to Corpo- 
rations in England are of good vse for y« ending of deffer- 
ences wher may be supposed more contrauercyes (by y^ mull- 
titude of people And easy are to goe to y^ kings higher Courts 
at Westminster then to come from New England to the king 
how much more y<= patents of New England, soe remote, y« 
people soe few, y^ delay soe long, & y« Charge soe great, wil 
be noe incoragement to come to comeplayne soe far 2ly A 
doth not petition to bring any to England to Charge them and 
trouble them but prayeth of y« king y' it may be heard & de- 
termined in New England, without any Charg to y^ king or 
any other but he or they who vpon tryall shall be found in y« 
faull or wrong And in the mean time bears his own Charge 
3ly A supposed to say That y^ kings grieued subiects by fauor- 
able enquest to theyr neigbors in Corporations in England ar 
by law admited by writs of Cerciorarie to remoue theyr suits 
into ye kings higher Courtes to be tryde by more competent 
& impartiall Juryes how much more equitable wher among a 
few interested people soe totally byased as men in theyr owne 
cases vse to be should cases be admited to be tryd by Jurors 
of an other Corporation vn concerned 



160 RHODE ISLAND HISTORICAL SOCIETY. 

B, supposed to say That Corporations in new England haue 
power to make lawes by which all ther should be tryd 

A, supposed to say That they haue power to make lawes but 
yet as limited in theyr Chartors 2ly The matter of contrauercy 
is not as to lawes made but as to what may be Just & equall to 
relieue y^ wronged agreeable to such like cases in England 
3ly A doth not deny but is willing y* y^ sd controuercyes 
should be tryd by y^ lawes y' ther are in y^ sd Collony wher y^ 
land lyes but petitioneth y* it may be ther soe tryd acording 
to all lawes made ther acording to the sd patent or y^ lawes of 
England And not be defeated nor his partners of theyr lands 
for want of a fayre tryall nor execution 

B, supposed to say That y^ king hath giuen his power out 
of his hand vpon consideration & cannot call it agayne 

A, supposed to say That y^ king hath granted to them to 
proceed as other Corporations of England yet reserues y« 
superior power to bring them to any tryall for any wrong done 
or misgouernance by any of them or els they need but make 
a law & by it escape any tryall for any wrong done And y^ 
king haueing granted to all his subiects there y« libertyes & 
emunetyes of Englishmen cannot be immagined y* y« king did 
intend y* some should gouern y«= rest by lawes soe as not alow- 
ing them y^ libertyes of English men 

B, supposed to say That If an order be granted it will not be 
obeoyed 

A, supposed to say that y^ king did lately send to New Eng- 
land as to a duch ship y* was taken by some ther as prize & 
proceeding supposed to be acording to y^ sd order made but 
as to hearing & dermining y^ defferences between A, and his 
partnors 8c B Sa his partnors &c A doth not doubt but y' the 
Collony of Plimoth, Conecticot & likely of y^ massatusets And 
Rhode Island If y« king apoynt will perform the same order 
but if they, or either of them fayle soe to doe as y* a lawfull 
number be not out of y^ whole, yet then A only suffers y^ 
damag And y^ king noe charge but If they doe performe it as 
A belieues they will then the kings command will enure to doe 
Justice ther Sec 



HARRIS PAPERS. 161 

[Transcript from the original in the British Pubhc Record 
Office, London, Colonial Papers, xxxiv : no. 89. See Sains- 
bury. Calendar State Papers, Am. & W. /., id'J^-'jO, no. 589.] 



45 

Harris to Newport Town Council, 3 July, 1676. 

To the Town Council of Newport this first Monday of July 
1676. 

Whereas Thomas Roberts lately of Providence did decease 
this life here at Newport, but left his wife alive at his death, 
who since deceased also, who by the English marriage (which 
is the Law of England) his said wife stood endowed with all 
his worldly goods — therefore WE, the only brothers of the 
said late wife of Thomas Roberts * pray the Administration of 
the said goods, whereof our said Sister in time of her hus- 
bands life stood endowed and jointly possessed with her hus- 
band, but after the death of her husband solely possessed and 
endowed, her husband having no Child. 

William Harris 
Thomas Harris Sc 

A true copy of that delivered to the Governour Walter Clark 
on the above said day he being one of the said Town Council, 
and the said day the time of their meeting by Law — 

[Moses Brown Papers, xviii : no. 229.] 



* Thomas Roberts was a freeman of Providence who had served as 
Deputy in the General Assembly and who died at Newport in April, 1676 
(Austin, Geneal. Diet., p. 165). According to the above document his 
wife was own sister to William and Thomas Harris. Her Christian name 
was Parnill [Prov. Rec, vi : 85). See also note to No. 88. 



162 RHODE ISLAND HISTORICAL SOCIETY. 

46 

Harris to Sir Joseph Williamson, 12 August, 1676. 

Truely Noble S"" your humble seruant whome your spetiall 
fauor hath oblieged to a continewall rememberance thereof : 
and thankfullnes for y^ same, and constant seruis to your 
Honnor, acording to my best dillegence and abillety (though 
but slow & weak) and y^ reason I haue noe oftener exspresed 
my seruis : and thanks to your Honnor, is, by reason y^ way of 
sending is soe enterrupted by y^ war : y' therels noe safe send- 
ing, nor pasing to & fro (without danger of life) And allso de- 
sireing (when I did writ) to giue as certayne acounte : * & per- 
ticuler (as I could) to your Honnor, (as I could get) and there- 
fore delayed : hopeing to haue had certayne information : out 
of each Collony of theyr afayres (as to y^ war) by some espetiall 
intellegable friend, but wanting opertunety to send to such, 
and allsoe haueing bin euer since in y^ moste dangerous place 
(by y« Indeans) in y^ country : wher I haue lost a deer son : a 
dillegent engenious Just man : temperate in all things, whom 
y« Indeans lay in waite for by y^ way syd & killd him,t and a 



* This long and careful account drawn up by William Harris forms a 
notable addition to the contemporaneous literature of King Philip's War. 
Since the subject is familiar to students of New England history, the 
document is not so fully annotated as are those papers which have more 
to do with Harris himself. Copious bibliographical accounts of the War 
can be found in Winsor, Narrative and Critical History, iii : 360 ; 
Memorial Hist, of Boston, i: 327; and Palfrey, iii: 132-239. 

t Toleration Harris, born 1645, the youngest son of William Harris. 
His death was deeply mourned by his father, who in his will specified 
that his farm should " be called Mourning, as a monument of the death 
of my deare son Tolleration " {Prov. Rec, vi : 55). It was on January 27, 
1676, that 300 Indians attacked Pawtuxet, burning William Carpenter's 
outbuildings, corn and hay, and driving away 180 sheep, 50 head of cattle, 
and 15 horses. " Besides, they took much Cattel from young Mr. Harris, 
and killed a Negroe-Servant of his" [Continuation of the State of New 
England, London, 1676, p. 14. See also Drake, Indian Chronicle, 1867, 
pp. 196, 212, 244, 302 ; and Hubbard, Narrative, 1677, p. 60, add. p. 4). 



HARRIS PAPERS. 163 

negro man, and burnt our houses, and droue away aboute fifty 
head of Cowkind cattell, and fourscore horskinde of ours & 
carryed away some goods, and burnt aboue fifty loade of hay, 
and haue put vs out of our way of Hueing, and from all oper- 
tunityes (for a long time) to doe this small seruis to your 
Honnor, (soe much & long) bound to : by your great fauor ; 
And at this time am a soiurnor at Rhode Island, hopeing from 
thence to haue an opertunity to send these by water to y« bay 
(viz*) to Boesten. 

And as to y^ state of y«= Country in generall, but first : 
what it hath bin since y^ war began (viz*) In very sad & lament- 
able condition : and y« wisest men in y^ Country euen at theyr 
wits end, to think what might become of themselues & famelyes 
& y« whole country, y« Indeans then doeing soe many mischiefs : 
in a secret sly : sculking way : y* noe man knew well how to 
finde them, and y^ truth is, had it not pleased god to draw forth 
some other Indeans (such as were) former enemyes to our now 
enemyes : to ayd y^ English to finde theyr enemyes : and over- 
take them (when y^ English cannot) we might haue bin driuen 
to great strayts, And had y^ Indeans bin all our enemyes : and 
could haue gotten powder : they might haue forced vs to Islands 
for safety, and there to haue planted some litle Corne, and haue 
fished for our liueings, takeing some winter seasons (only) to 
fight ye Indeans (if we could) much hurt y« Indeans did, and 
ye mesengers therof (for some time) came quicly one after 
another, like y^ news to Jobe : of his sorrowes, and our enemyes 
boasting : y* god was departed from vs, and was with them. 

but least our bad succes : should seeme to exspres : our 
bad cause : makeing an vniust war : therfore, to speak some 
thing to y' (viz*) That y^ war was (on y^ English parte) Just, 
for. That Phillip an Indean great man : liueing in plimoth 
patent : did refuse to submit to y^ kings writ, to make answer 
concerning y^ death of one of y^ Indeans : the kings subiects and 
insted of apearing therto, he apeared in armes against y^ kings 
Authourity, and robed some of his subiects, and slew others, 
before y^ English fought : or killd any of y^ Indeans ; and y^ 
reason : y^ s<^ phillip shewed (which he had resolued) to one M^ 



164 RHODE ISLAND HISTORICAL SOCIETY. 

John Easton : y^ then Deputy Gouernor of Rhode Island, 
(but fine dayes before y« war began) (to whome he s'^ it as to a 
friend) (being soe spake to) That ther had bin former differ- 
ence between y^ Gouernor of pHmoth and him (y^ s*^ phillip) 
and y* they had layd fines vpon him, but for y^ future he re- 
solued neither to goe, nor pay : to him any such sums ; 

And yet, y^ s'J former fact : y^ s^ philhp supposed was 
guilty of : and fined for : was a war ploted by him to destroy 
y« English at vnawares ; which was a compasing : and con- 
triueing : to fight against y^ kings authourity in his dominions : 
& to take y^ authourety & dominion & rule to himself ; which is 
high treason against y^ king ; and is y^ efect of his last facts 
and therfore y^ war made in defence : agaynst him : is Just ; 
he first leuying war against y^ kings Authourity in his domin- 
ions, and killd many of his subiects. Allsoe, y^ s^ war was by 
phillip intended against y^ English long before, as apears b)^ y^ 
s^ phillips (& not his only) (but others alsoe y^ Indeans of other 
places) prouiding for y^ s^ war, y^ year before, laying vp corne 
in such secret maner : as they were not wonte to doe (in time 
of peace) for, in time of peace : any y' pased by theyr barnes 
which are made in y« ground : y^ English (as well as y^ Indeans) 
knew them ; but those made in preparation for y^ war, are not 
seen : nor knowne by y« English : nor Indeans nether, (but 
by such as made them) gras being made to grow ouer them, 
and layd leuell ; therfore, y^ war by y^ s^ Indeans intended, 
and began ; therfore, not an vniust war, (by y^ English) to 
defend by war ; therfore, y^ s'^ war (on y^ Englishes parte : Just) 
And of my certain knowledg, I know them soe barbarous, y* 
thoughe theyr predeseacors : did acknowledg themselues, y^ 
kings subiects, & subscribed therto : that they might haue 
preueledg therby : & safety against theyr enemyes : these 
theyr succesors would acknowledg it to such ends, yet, when 
theyr obedyence to good law : is to theyr los, they matter not 
subiection : nor aleigance : noe more then brute beast ; allsoe 
formerly I haue told phillip (after he plotted against y« English) 
that he aboue all other Indeans should loue y^ English & be 
true to them, for, had it not bin for y^ plimoth old plantors (now 



HARRIS PAPERS. 165 

dead) y^ narragansets had then cutt of his fathers head (then 
called Mas-sa-soyt, since was called Osa-mea-quen, whom I 
knew forty years since, Allso to my certayne knowledg : they 
did reason for y^ mayntenance of theyr customes against y^ 
kings law, and yet, haue soe many monsterous customes con- 
trary to all humanyty : some wherof I shall mention (viz') to 
kill theyr children : yea any litle ones of any ayge : at theyr 
pleasure, without fear of punishment, And to kill theyr aiged 
parents, and for a mans murdering another : to kill his brother, 
or kinsman, with many such like ; And without doubt (were 
now) resolued to fight for y^ same and to destroy all English 
men noe doubt (If they could) 

And wher as some : stick not to say, y' y^ English haue 
ocationed y'' war : by diuers opretions vsed to y« Indeans, as 
defrauding them of theyr land (as they say) trespasing in theyr 
come by theyr cattell, with diuers other things obiected, acord- 
ing to theyr seuerall interest, makeing (they say) y^ Indeans 
pore. The temptations of men to the s"^ acuseations, may be 
these .? some intending if they could to re buy theyr neighbours 
lands, as some did, and soe it hath sometimes bin : y' land hath 
bin bought : and solde three or foure times ouer. others out 
of enuy to theyr countrymen : for some sinister end : others 
flattering y^ Indeans (sometimes) to buy theyr land. & some- 
times to draw y^ Indeans trade, of buying & selling cloath & 
furs & such like. 

to which it may be answered, y« Indeans are or wear when 
they began y^ war far more supply ed and better then when y« 
English first came for then they wear in great wants but sine 
in great plenty, they when y^ English first came had only axes 
of stone, but since of Iron & Steele, then Hoese of wood : & 
tortes & other fish shells, but since of Iron & Steele, allsoe 
they had then but a litle corne, perhapes fiue or six bushells a 
year one famely, but since sometimes forty, fifty, or sixty 
bushells ; then made drills of flints to make theyr mony, but 
since haue drills of Steele & can make forty to one; And 
doubtles those drills of flint would try y^ patience of y« most 
industrious artist : & theyr skill (in theyr way) to make those 



166 RHODE ISLAND HISTORICAL SOCIETY. 

drills ; they then had spent theyr corne early in y^ pring, but 
since haue corne enoughe & spare & sell, then ate fresh fish to 
keep them aliue, but by such foode dyed : of fluxes, but since 
had wholesome foode: & phizick store, in a word they then 
wanted allmoste all things, but since had allmoste all things y^ 
they might think needfull, and prosperity hath slayne them, 
yea and many of vs to ; The Indeans since haue had soe much 
corne as to lay vp for a war a year before : agaynst this present 
war, and lately Conecticot men found seven hundered bushells 
of corne : & many beans of this country like y^ beans y* are 
in England which are eaten shells an all ; it is like y^ people y' 
layd ye s<^ vp were dead, or killd, or taken, or driuen where 
they could not come at them ; then y^ Indeans before y^ Eng- 
lish came, wear allwayes in war & still in fear of theyr Hues, 
but sine ye English haue slayn theyr enemyes, & now y^ Inde- 
ans make war with y^ English, rather by y' prosperity they 
inioyed (by y^ English) then by any aduercity by them tempted 
to ye war. 

And that y^ war was not only Just with Phillip but y^ nar- 
ragansets allsoe, for y* many of them wear with phillip in y* 
first fight (aboute mounte hope) And when phillip fled from 
thence y^ s^ narragansets fled to narraganset, and ye narra- 
gansets sachems or rulers confesed them theyr men and were 
conducted with a great woman * of phillips party & her men 
to narraganset, wherevpon ye English demanded of ye narra- 
gansets why they receiued & shelltered theyr enemyes, and 
demanded them, but ye narragansets did not deliuer them, but 
entered into articles to deliuer phillips men, & theyr enemyes 
y* came among them, but did not, yet then makeing large pre- 
tences of peace, intending noe thing les, but they thought that 
if they should by a suden war lose theyr haruest : y' then it 
would soone disable them to continew ye war, Allsoe they 
receiued of ye English rewards : as if they had taken of some 
of phillips mens heads, but ye s^ heads (some of them) doubtles 



* Weetamoe. 



HARRIS PAPERS. 167 

wear heads of Indeans y' y^ English & theyr confederates had 
killd, or els : some heads of others y* they slew y* wear run 
from them : to phillip formerly : for fear of being put to death 
by y^ narragansets for supposed ofences commited against y^ 
narragansets, or others of phillips men y' in time of peace 
contrauerted for phillip against y^ narragansets, aboute former 
defferences of rightes due : or wronges done, by, or to either 
y^ narragansets : or phillip, against whome they had spetiall 
spleen ; & soe tooke y* time to reueng themselues on them 
(when fallen into disstres & into theyr hands : for supposed 
deliuerance : willing to shellter themselues vnder them) and as 
to y^ last sort against whome they had such spleen : some of 
them I knew : & heard them debate, y^ s^ defferences in open 
courte at Rhode Island, y^ defference arose about a man (to 
say) an Indean y* lined at Rhode Island : y* kild his wife & a 
man y* (he s<^) lay with her, y^ s^^ man was tryd & condemnd 
for ye s*^ murder, but because he killd two, y^ sachems s** they 
would haue two to put to death for y^ s^ two killd, and out of 
phillips men, for y' y^ murdered wear related to y^ narragansets : 
and ye murderor to phillip, The narragansets allsoe would 
haue had y^ murderor to haue cast him bound into a fire, but 
ye court would not admit it, but s'^ he was y^ kings subiect : & 
soe should haue y* kings law, with much such discource, And 
y* ye law would not admit to put one man to death for anothers 
ofences, wherat : ye narragansets shewed great indignation & 
s^, that before ye English came : they could doe what they list 
with phillips party, and phillips partty pleaded theyr exemption 
from them, & theyr owne absolute power, and soe stood theyr 
defference ; and one (a chiefe interpreter among them then) his 
head was brought to ye English by ye narragansets & tooke a 
reward as for killing one of phillips men, but doubtles ye s^ man 
(whome I had knowne neer forty year) was slayn by ye Eng- 
lish : and then ye narragansets got his head : to get ye reward, 
& to keep of (for y* present) ye war, or els : they kild him for 
ye foresd defference (in ye debate wherof he was) and not 
simplely, as one of phillips men : and an enemy to ye English, 
for, ye narragansets had then among them many of phillips 



168 RHODE ISLAND HISTORICAL SOCIETY. 

partty : whome they neither deliuered vp to y« English, nor 
brought in theyr heads, which shews they did all in deceite ; 
yea, & all this while vp in y^ country about hadley & deerfield 
& there aboute ayd phillip : and others of theyr partty : against 
y« English to y« doeing of very great mischiefe ; And further, 
yt ye gd heads pretended to be taken of by y^ narragansets from 
liueing men of phillips ; as enemyes to y^ English : seems not 
to be belieued, for, If soe, y' partty of phillips among the nar- 
ragansets then (which wear many) might haue supposed them- 
selues to be determined to y^ same end, & then, would not (at 
liberty as they wear) there haue stayd (to y' end) but there did 
stay therfore, not in such danger, nor y^ heads such heads, as 
wear pretended, but in truth y^ heads either of them slayne 
by ys English, or such other as aforesd, not slayne by y« narra- 
gansets as Englishes enemyes ; much more playne demonstra- 
tion : might be made proueing y* y" narragansets did Joyne with 
phillip in y^ war, but not to trouble your Honnor therwith, 

but some hold noe war iust, and noe wonder they obiect 
y^ iustnes of this war allsoe, and haue some temptation to it 
allsoe, for. If y^ war iust ? then their ayde may seeme to be 
engaged, therto, but, they not ayding nor willing to it, yea say 
they ought, not, had need to haue some pretence (as y^ vnlaw- 
fullnes of ye war) to exscuse themselues ; espetially (being) such 
as are soe far concerned : as defence &c, for y^ kings interest : 
& his subiects safety. The s^ war as Just 

Then war began abounte mount hope aboute y^ twentieth 
of June 1675 * Phillip was encountered by Generall Sauidg of 
y« Massachusets, And plimoth forces vnder Captayne Cud- 
worth or Major, And Major winthrap comeing to ayd them ; 
but vpon consideration he stoped at narraganset & sent his 
forces back to Conecticott 

but ye rest differed : abute y^ land of phillip before they 
had ouercome him, which they had better to haue left for y« 
widowes : & fatherles (when y^ enemy had bin ouercome) for 



*0n this date, the Indians burned two houses at Swansea, probably 
the first overt act of the war. 



HARRIS PAPERS. 169 

theyr relief and for y^ criples made by y^ enemy, whose hus- 
bands : & fathers Hues : 81 criples limbes had purchased. They 
marched after phillip in a few files : some miles long, & shot 
at ye greene shrubes (when they saw not y^ enemy) so y^ Inde- 
ans they hearing theyr guns : had roome enough to slyd by 
them, but at y^ last found phillip in a swamp theraboutes, 
and fought him, but did him litle hurt, and he them some 
allsoe, but when they had got allmoste to him : a retreat was 
sounded which drew them out of y^ swamp, & y^ Indeans 
followed them : & fought them : as they marched away, but 
then ye Indeans would not agayne be founde ; soe y^ English 
marched home to y^ bay * (y* wear of y^ bay) 

phillip then takeing his march vp into y^ Country, Si some 
of his men haueing wounded a man at prouidence, & burnt some 
houses,t prouidence men were willing to be with him, hearing 
he was to pas by railed aboute thirty or thirty fine, & went to 
ly in ambush for him, but he was gon by, & while they were 
lookeing him, ther came to them aboute thirty & fine more of 
Rehoboth & tanton, two townes of plimoth patent, soone after 
them forty Indeans confederates with y^ English, in all about 
a hundered (y^ s^^ Indeans were vnckcas his men (A sachem in 
Conecticot patent) soe they sent out scoutes some English & 
some Indeans : And neer night came neer to phillip, in y* 
morning they followed agayne, vntill they met with phillips 
scoute, whome they shott dead, but phillip heard y^ gun : & got 
redy, and instantly y^ English came vp with them : & fought 
them, & killd about fifty of phillips, & phillip hardly escaped :f- 
he left his powder : & stafe for haste, and fled vp into y^ 



* Massachusetts. 

t Hubbard records that eighteen houses were burned at Providence, 28 
June, 1675 {Narrative^ add. p. 4). 

t This was the fight of i August, 1675, near Nipsachuck Hill. F. A. 
Arnold, in the Narr. Hist. Register, vi: 61-69, clearly shows that both 
the hill and swamp of this name formerly bordered on the western end 
of the boundary line between North Smithfield and Smithfield. It was 
at Nipsachuck Swamp that Talcott's victory of 2 July, 1676, took place. 



170 RHODE ISLAND HISTORICAL SOCIETY. 

Country (but a great woman with phillip then, but left him & 
went with some narragansets to narraganset) PhilHp & his 
partty did much hurte vp in y^ country aboute hadley, deerfield 
& theraboute, but at narraganset a seeming peace, then y^ 
Enghsh went to y^ narragansets And demanded why they 
shelltered theyr enemyes, but they dehuered them not, but 
entered into articles : & to deliuer vp phillips partty, but did 
not, but ye English wanting Amunition, & prouition, and 
therfore wear forced to delay & to get in haruest, and y^ 
Indeans as willing to get in theyr haruest, but in y^ mean time : 
ye Indeans to y^ Eastward rose & did much hurt, but since 
s^ they are come in : & y^ war there ended ; but aboute the 
thirteenth of desember last, aboute a thousand of y^ English 
forces came to narraganset, & after some few dayes stay there : 
& some perlie with y^ Indeans, they fought them in a swamp 
to which they had aboute half a dayes march,* The English 
shewed very much vallour : runing vp to y^ mussells of y^ 
guns, & to theyr porte holes : fireing into theyr forte, leaping 
ouer theyr brestworkes, & into theyre fort, turning y^ but ends 
of theyr guns sometimes, And thoughe many of y^ English 
slayne & wounded, yet, y^ coldnes of y^ season ocationed y^ 
death of many of y^ wounded, they being far from theyr 
quarters, and it frose y' night very hard ; but many more of 
ye Indeans wear slayne (then of ye English ;) there was litle 
more done there y* winter, but in ye spring they marched out 
with about thirteen hundered, vp into ye Country : & slew aboute 
sixty, but some of theyr nimblest enemyes : theyr horses could 
not come vp with : only (some few) (not enough to encounter 
ye enemy) which march being ouer : each Collonyes forces 
marched to theyr owne Collonyes. 

After which time many mischeifs wear done vpon many 
townes of ye massachusets, to ye los of many soules, Allso 
a great mulltitude of Indeans came downe out of ye country : 
in one body, they met with one captayne pierce at a place neer 



*The "Great Swamp Fight" in South Kingston, R. I., 19 December, 
1675- 



HARRIS PAPERS. 171 

Rehoboth called blackstones River, where he with aboute 
seuenty lusty vallyent men were fallen into an Ambush of 
allmoste all y« s^ thousand Indeans : & foute with them till 
they had spent theyr amminition : which when y« Indeans per- 
ceiued they ran vpone them : & slew all saue some few, whoe 
fought throughe them & fled, but they slew many of y« Inde- 
ans.* The s'^ thousand came to rehoboth & there they burnt 
such houses as were not fortifyde & killd one man y* they 
found out of ye garrison from thence they came to prouidence t 
and there burnt many houses vnfortifyd, and killd two persons 
y* wear out of y^ garrisons And killd much cattell. And then 
went to patuxet & ther burnt some houses & an empty garrisd, 
and fought against another, and shott fire vpon arrowes forty 
or fifty, but y^ English put them out,$ And in y^ night 
time went ther way, it being supposed y* they heard of 
Conecticot forces then not far from y* place. And had taken then 
y« greatest man of y^ narrogansets, called nau-nau-ta-nute, a 
man soe proude y* when he was in his enemyes hands : sayd he 
would speak to none but sachems (to say) princes, but gods 
meer hand & not subtillty tooke him & gaue him into y^ hand of 
an Indean sachem to be slayne (to say) Vnckas his son, || y« s'' 
Vnckas is a confederat with y« English of a long time, he was 



*"Peirce's Fight" occurred 26 March, 1676. The best accounts of 
this battle are in Bliss, Rehoboth, p. 88; Daggett, Attleborough, p. 109; 
and Bodge, Soldiers in King Philip's War, p. 348. 

t For the burning of Providence, 29 March, 1676, see Drake, Indian 
Chronicle, pp. 223, 244, 254; Hubbard, Narrative, p. 67, add. p. 4; 
Mather, History of the War, p. 26; and Backus, History of N. 
E., i : 424. 

t See note ante, p. 162. 

II Canonchet, known also as Nanuntenoo and sometimes by his father's 
name, Miantonomi, was captured in April, 1676, and .shot by Oneco, 
sachem of the Mohegans and son of Uncas. In 1643 Uncas had carried 
out the order of the Commissioners of the United Colonies that Mianto- 
nomi should be executed. 



172 RHODE ISLAND HISTORICAL SOCIETY. 

Encountered aboue thirty years since by A sachem of narra- 
ganset (to say) me-an-te-no-meah, whom god dehuered into y^ 
hands of Vnckas who slew him, and y^ fore s^ nau-naun-ta-nute, 
was ye son of me-an-te-no-meah, y^ father : slaynes by vnckas, 
& y« son by vnckas his son, The s'^ narraganset sachems both 
of them monsterous proud, & both trecherous to y« Enghsh & 
had not god formerly soe cut of y^ father he had then done as 
did since his son a moste cruell man, o god soe defeate all thyn 
enemyes & deliuer all y* are inocent, now it pleaseth god y^ 
newes from euery quarter is y' y^ English preuayle and y^ 
Indeans our enemyes fall there hath bin within a few monthes 
seuen hundered Indeans slayne tooke & come in & they haue 
but litle prouition, nor Amunition, And they are lean : & dis- 
mayed, and come into diuers townes & places : Sz; pray they 
may Hue, 

Phillip is now come downe out of y^ Country, And is now 
supposed to be in y* swamp wher y« first fight was : neer mount 
hope, & supposed to haue with him a thousand, And pursued 
with aboute eight hundered (English & Indeans) If our sins 
preuent not, it may be hoped y^ this sumer & y^ next winter 
may neer end y^ war ; It is supposed y« English haue lost 
fifteen hundered soules in this war (men, women, & children)* 
in a towne called Rehoboth (aboute three miles from proui- 
dence within plimoth patent, they presed there for y« war with 
y« Indeans) aboute ye proportion of one of six, and yet y^ s<^ 
towne a frontteer towne, at which time I think they say theyr 
whole forces English & Indeans was to be thirteen hundered, 
yea such resolution hath bin : y' If need had required (It was 
s**) they would haue gon out one of three of y® whole, they 
now in furtherance of y^ war make powder allsoe. 

God hath wonderfully shewed his wisdome : & power, for 
wher as y^ English (to say) we by our sins : had opened y^ 



* This is a somewhat larger estimate than is given in other contem- 
poraneous narratives. The New and Ftirtlier Narrative of the State of 
New England, 1676, p. 14, sets the total loss of the English at 800. 



HARRIS PAPERS, ' 173 

Indeans mouthes to say, y^ because we soe sined against god, 
God would : & did deliuer vs in to theyr hands, And allsoe de- 
feated y« endeuors & hopes of doeing great exsploytes y^ laste 
winter vpon y'' Enemy, the enemy then insullting ouer poore 
soules whome they tormented & killd biding them call vpon 
Jesus Christ aloude perhaps he would here them,* whose 
blasphemous reproches God infinite in mercy hath heard, And 
lord of hosts has therfore, (to shew his owne Arme y^ power :) 
defeated the enemy this Sumer, and as fig leaues would not 
covier shame nor sin, soe neither y^ green leaues of this desolate 
wildernes hyde nor couer nor atend to defend the fores'^ blas- 
phemers against god : & our cruell & vniust enemyes from 
gods indignation, against thyr vniust war, theyr bloud thirsty 
cruellty & horible ingratitude to god, & y^ English great friends 
vnto them, soe y* as y^ English too much trusted in y« winter 
to ouercome, y^ Indeans, trusting allsoe in y« sumer to ouer- 
come y^ English, but god hath made it y^ time of theyr defeate. 
O thou lord of hosts y^ sauest neither by sword nor speare 
prepare our hearts to an euerlasting thankfullnes for our de- 
liverance and giue vs a continewall dependance vpon thyne 
owne arme for our ayd for euer and bring vs to a sencable soe- 
bar watchfullnes against all our sins noe more forgetting thyne 
allseeing ey y^ hath and will see our sins, nor thyne Infinite 
allmighty Arme y' hath defended vs from our soe barbarous 
enemys o god fill our hearts for euer with sorrow for our sins 
and giue vs throughe reformation of our Hues, & loue & pity 
to our enemyes wining them to thee by our loueing mercyfull 
& Just conuersation toward them 



* " At Sudbury, an elderly Englishman endeavouring an Escape from 
the Indians by running into a Swamp, was overtaken by an Indian, and 
being Destitute of Weapons to Defend himself or Offend him, the Indian 
insulted over him with that Blasphemous Expression, ' Come Lord Jesus, 
save this poor Englishman if thou canst, whom I am now about to kill.' " 
True Account of the Most Considerable Occurrences — London, 1676, p. 
2. As Harris can hardly have seen this printed narrative, he must, if he 
refers to this episode, have heard it in the way of news, which doubtless 
traveled rapidly, despite the dangers of communication. 



174 RHODE ISLAND HISTORICAL SOCIETY. 

At this instant came in a vesell from vergenia who brings 
newes of great destruction done there by y« Indeans * which 
shewes y* y^ contriuance of a war against y« English went far 
only gods prouidence preuented some yea Vnckcas y* olde 
friend to y^ English was for a time in y^ plot as he confesed 
and yet since hath done y^ greatest exsployts agaynst y« enemy 

How straing are y^ prouidences of god & how good to 
trust in him who defeateth our foes by one another and mak- 
eth perfideous men faythfull friends at his plesure y* in all 
strayts men may trust in him & stand in awe of his allmighty 
power 

The enemy hath burnt all y« houses in Warwick, all in 
patuxet, And allmoste all in prouidence, And y« rest of y« 
houses in y^ Narraganset country allsoe t And y^ inhabytance 
yt wear ther are gon some to one place some to another, such 
sore desolation is come vpon vs & but few lay it to hear[t] 

There hath bin litle force made by any to defend y^ s^ 
country from y^ Indeans y« inhabytants haue bin left to theyr 
owne ayd & soe ouerrun of late since y« great mischiefs done 
Conecticot forces haue bin thereaboute & slayne many Indeans 
otherwise they might there haue dwelt without enteruption 
our mischiefs haue hapened y^ rather in y* Conecticott & 
Rhode Island Challeng y« Jurisdiction of y« Country there- 
aboute & soe between them both y^ places haue not bin de- 
fended by either & y^ Inhabytants exspose (among y« greatest 



*The failure of Governor Berkeley to punish the Indians who com- 
mitted numerous depredations in the spring of 1676 was a principal oc- 
casion for Bacon's Rebellion. 

t Hubbard says that Warwick was " all of it burned by the enemy at 
several times," Pawtuxet had " twelve houses burned in the beginning of 
March, 1676," and Providence had " eighteen houses burned, June 28, 
1675. March 29 following, fifty-four houses were there burned, and most 
of the rest as they were deserted by the inhabitants withdrawing to 
Road Island" {^Narrative, addenda, p. 4). The New and Further 
Narrative, p. 13, gives the list of losses as follows : " In Narraganset not 
one House left standing. At Warwick, but one. At Providence, not 
above three. At Potuxit, none left." 



HARRIS PAPERS. 175 

throng of y^ Indeans y' wear knowne neer) to y^ mischiefs 
they haue done to theyr vtter ruens, Conecticot haue had htle 
or noe mischief done in such partes of theyr Jurisdiction wher 
Rhode Island Challengeth not And they haue y^ moste ayde 
of Indeans to y^ greatest succes they go out constantly with 
vollunteers English & Indeans and have great succes theyr 
boyes cry to goe out against y^ Indeans & they let them goe 
and all run vp on y^ Indeans without fear, they haue killd, 
tooke, & come into them fiue hundered Indeans this sumer. 
A great counciller of y^ narragansetts (& spetially of a great 
woman) yea y^ greatest y' ther wa[ ] y^ s^ woman (called) y^ 
old Queene,* y^ fore s-^ counciller her greatest fauoret he doth 
as much exc[el] in depth of Judgment : common witts, as 
Saull was taller than others of Israeli, he bore as much sway 
by his Councill at Narraganset (acording to his & theyr small 
proportions) as Great Mazerreen among y^ frensh, The s^ 
man called (Potuck)t he came to prouidence lately inquireing 
how he might get to boesten safe, pretending to peace, but 
some vnaduisedly not reaching his intent told him he had 
better goe to Rhode Island disafacting his goeing to y^ bay 
and they neither considering y* Rhode Island could make noe 
peace with him y' woul[d] be y^ Indeans peace with y« Vnited 
Collonyes for y* Rhode Island was not in confederacy wit[h] 
them but y* notwithstand they should pretend to make peace 
with them others y^ English would fight them & not safe for 
Rhode Island to trust the Indeans promeses they are soe per- 
fideous allsoe, but three men there at prouidence consented to 
his goeing to y^ Island afores'J & sent him by water & promesed 



* Quaiapen, Magnus, or Matantuck, known also as the " Sunk Squaw." 
She was the widow of Makanno, son of old Canonicus. 

t Potuck was a Narragansett chief who seems to be first mentioned in 
connection with King Philip's War as an opponent to Cliristianity. In 
the IVarr in New England visibly ended, 1676, p. 2, it is stated that " one 
Potuck, a mischievous Engine, and a Counsellour, taken formerly, said to 
be in Gaol at Rhode Island, is now sent to Boston, and there shot to 
Death" (See Drake, Book of Indians, pt. iii: p. 76). 



17G RHODE ISLAND HISTORICAL SOCIETn'. 

him safe returne to a place called Warwick poynt at three days 
end, but when he came there onely two or three seemed will- 
ing to his safe returne after they had largly talked with him 
(to say two or three of y^ court) y* wear willing to shew it 
theyr opinion but some of y^ Inhabytants girt on theyr swords 
& s^i he should not goe of from y^ Island aliue saying he had 
kild more English soules then any Indean (by his councill) or 
then any had done with weapons others saying yet it was 
acording to Armes to keep promes with perleys & it would 
teach them faythfullnes in such cases & y^ contrary would 
teach them trechory against y^ lines of inocent soules, but 
while he was detayned aboute foure score of lusty Indeans 
well armed waited at y^ place to which he was to returne 
whome he there apoynted to be & in y^ mean time came 
Conecticot forces whoe in theyr march met with Indeans & 
fought them & kild y^ s'^ olde Queen & many more & came to 
Warwick & there met with y^ s^ Indeans (who stayd for Potuck) 
& slew moste of them allsoe, but y^ s^' potuck is still at Rhode 
Island but in danger to be killd & it is further obiected against 
him y' he was one of them y* slew captayne pierce & his men 
& y* burnt houses at Rehoboth, prouidence, & patuxet & there 
killd persons & tooke much cattell and allsoe s'l y* they y* 
promesed him safe returne had noe such power soe to doe, but 
true it is y' he was promesed safe returne by three to say one 
Asistant, two called captaynes but I perceiueing his subtillty 
neither desired his goeing nor promesed him safe returne nor 
returne, but in court declared my desire of his safe returne for 
ye fores^ promes which was by the makers without condition 
and had power not to haue sent him, & if not sent him then 
had bin at liberty & not bin there violently nor Irregulerly killd 
with a tumullt seemeth y« more vnreasonable y^ s'^ mens 
promeses of his safe returne should be or ocation only his 
danger o thou god of truth y* art faythfull thoughe we beliue 
not thou canst not deny thyself make vs faythfull to y^ death 
to whome & to which thou hast promesed a crowne of life 

there came in & brought in yesterday fourteen Indeans to 
Rhode Island some of them poor & leane & one of them 



HARRIS PAPERS. 177 

wounded before they bring in distris for fear of y^ English & 
Indeans theyr friends, & haueing noe powder, & wanting 
victualls. 

we lately hear y' y« moowhagues haue slayne one Cononi- 
cus one of y^ narragansetts chief sachems * 

By reason of y^ present vnhappy war The kings Majestyes 
letter & order to y« foure gouernors cannot be put in Execu- 
tion, but know of noe other obstruction my euer thankes to 
God, And y« kings majesty for y^ same, And your Honnors 
very Humble seruant shall neuer forget your Honnors kindnes 

William Harris 

[The following is written up the side of the page.] 

It seems to be another Cononicus since, not y' of narraganset * 

Euer since The takeing of y^ great man of Narraganset the 
war hath gon moste against y^ Indeans, And within two or 
three dayes after a great army of Indeans supposed a thousand 
hosted of theyr victoryes at Providence ouer y^ English in a 
pearley there the fore s^ great man was taken by Conecticot 
forces, from which time march to this 12*'^ of August 1676 
two thousand Indeans haue bin killd taken & come in And 
supposed fifteen hundered before, And some say a thousan 
English from y^ first slayne, but I doubt neerer fifteen 
hundered. 

The Indeans come in dayly, and fight presently against 
ye Indeans they came from and betray one another into y^ 
hands of y^ English 

And because Conecticot forces are most constantly actiue 
& kill all saue boyes & girls The Indeans haste into y^ Massa- 
chusets & plimoth to scape them y* are moste like (by y*^ help 
of Indeans y* are with them) to kill them 



*In the latter part of June, 1676, " Canonicus the great Sachim of the 
Narhagansets, distrusting the Proffers of the English, was slain in the 
Woods by the Mohawks" (Hubbard, Narrative, ii : 28). 



178 RHODE ISLAND HISTORICAL SOCIETY. 

Another ocation of theyr comeing in is want of powder 
which is hard to be got they now haueing but Htle to buy it 
And goe to buy it in great danger of theyr Hues by reason of 
ye Indeans called Moowhauges theyr enemyes y' meet with 
them yt vse to kill & eat theyr enemyes but formerly they 
haue s"^ they had powder of y^ Duch aboute forte Alboney 

There haue more Indeans dyed since y^ war began by 
sicknes & hunger then by y^ sword soe y* dead come in & 
transported since y^ war each way about seuen thousand, It 
hath bin gods heuy hand on them as well as on y^ English 
for they now are not only in dandger of y^ English & diuers 
sorts of Indeans but of theyr owne supposed friends haueing 
bin soe much trapand by them y' they are afrayed of all they 
see but least of those of rhode Island for ther they come in & 
are as well acommodated as euer they wear in theyr Hues only 
they are called seruants but soone after peace is concluded 
they will run all away againe as y^ captiues formerly did after 
y^ pequot war forty years since 

These Indeans did (before y^ war) Hue with more ease, 
pleasure, & plenty & far les care then poore labouring men & 
trades men in England but before y^ English came some what 
like to what they are now once a year like to starue and euery 
day in danger of theyr Hues by theyr enemyes 

Just now newes is brought That this 12*'^ of August early 
in y^ morneing phillip was Slayne in a swamp within a mile of 
mount hope & about a mile & half from Rhode Island he was 
with a few men there & set vpon by one Captayne Benjamine 
Church of Plimoth & Captayne Pealeg Sanford of Rhode 
Island each of them with forty men & y^ s^ phillip shott 
through ye heart by an Indean y' Hues on Rhode Island and 
his head & hands are now on y^ s*^ Island, here being one M"" 
Moore now bounde for y^ north of England I will at y^ next 
conuenyent opertunity make bolde to derect these by him to 
your Honnor your Honnors fauour being my continewall re- 
membrancer for euer of my moste humble & faithfull seruis 
for your optayneing for me the kings Majestyes letters on my 
behalf in soe great a straight by reson of grieuous opretion 



HARRIS PAPERS. 179 

Remayneing only with me prayers for y^ kings Majesty es long 
life & your Honnors 

Very Humble Seruant William Harris 
I know noe hinderance of y^ 
Execution of y^ Kings Majesty s 
order but y^ present war 
Impeading y« same 
12 August 1676 

[Transcript from the original in the British Public Record 
Office, London, Colonial Papers, xxxvii : no. 47. See Sains- 
bury, Calendar State Papers, Am. & IV. I. l6'J^-'/6, no. 102 1.] 



47 

Field and Waterman, Power of Attorney, 4 June, 1677. 

Endorsed by Harris : — T ff & N W theyre letter of aturny 

Know all whome it may concerne That we Thomas fifield : 
And Nathaniell Waterman both of Providence and proprietors 
in Patuxet haveing had commited against us many trespases by 
force & divers wrongs And haveing optayned An order of the 
Kings Majesty to put an end to y^ sd defferences acording to 
Justice by law We have made William Harris (our partnor in 
ye gd proprietyes) our Aturney : and given him our full power 
in our name and to our use to sue Implead & procecute to 
eject all or any persons or person That hath trespased against 
us acording to his discretion and his acting therin shall be as 
vailed as if we ourselves personally did y^ same without revo- 
cation to all intents and purposes in y« law whatsoever 
witnes our hands and Scales* this 4th of June 1677 and 29th 
year of his Majestyes Reigne &c 

Thomas ffield [l s] 

Nathaniell Waterman [l s] 

*The body of this document is in William Harris's handwriting. 



180 RHODE ISLAND HISTORICAL SOCIETY. 

in open Court this Letter of Attorny was owned by Thomas 
ffeild : and Nathaniell Waterman 

19 Nov'' 1676. [sic] D Henchman, Comiss : 

[Cushman Papers.] 



48 

Gov. Leverett to Gov. Winslow, 6 June, 1677. 

Addressed : — To the Hon'"'* Josiah winslow Esq"" Gov 
of the Colony of New Plimouth to be sent Forward to 
the Hono'^ie the Gov^ of Rhode Island & Connecti- 
cott these dll"^ 
Boston June the 6"^ 1677. 

Hono''d S""^ m"" W^ Harris hath applyed himselfe to me desire- 
ing that according his Ma''es Commands of the 4th August 
1675 * to the severall Governors of the Collonys of the Massa- 
chusets Plimoth Connecticott & Rhod Island concerning the 
lands about patuxett (the warr being well over in those parts) 
the same might be put in Execution for his reliefe, occasions 
me to acquaint you that I am ready to attend those comands 
& desire you would please to manifest yourselves therein & 
propownd what may be most effectuall thereunto either by 
drawing a Commission or appoynting that one may be drawn 
as may be meet, with Blanks for the names of the Commis- 
sioners from each Colony & also that Jurors may be appoynted, 
three or foure from each Colony to try the matters of difh- 
rences between plaintifs & defendants allso to appoynt time & 
place, the charge whereof m^" Harris sayth he will defray de- 
sireing it may be as litle as the business may permitt, thus 
commending you to God I rest S""^ your 

Humble Servant John Leverett 



*The King's letter embodying this order, signed by Williamson, is 
printed in Conn. Rec. ii : 586-588. 



HARRIS PAPERS. 181 

[Extracts from Conn. MSS. relating to R. I., i : 218, a man- 
uscript volume, certified to by the Secretary of State of 
Conn., in the R. I. Hist. Soc. Library.] 



49 

Gov. WiNSLOw [to Rhode Island], 9 June, 1677. 

Hono'^'i Gent — i^ complyance w^^ his Ma'i^s Commands & M-" 
Harris his desires, o"" Court have nominated & Impowered the 
Worp" Thomas Hinckly* & Major James Cudworthf Esqr^ to 
Joyne with such as shall be Impowered & Comissioned by the 
other Colonyes & have requested that o"" Hon'''^ the Governo"" 
& Councill of the Massachusets would drawe the Forme of a 
Commission, & give Coppyes thereof to us & the other Col- 
onyes that they may be concurrent. & the Gen* Commissioned 
being mett together may chuse their presedent of Stuard of 
sayd Court, we think patuxett the fittest place for tryall If 
they can be there accomodated & have allso desired c neigh- 
bours of the Massachusetts to appoynt the time giveing timely 
notice to you & us requesting to give Speedy conveyance to 
the Governo'' of Conecticutt, rest your Humble Servant 
Plimouth June 9. TT. Josiah Winslow 

[Extracts from Conn. MSS., i : 219.] 



* Thomas Hinckley (1618-1706) of Barnstable, was prominent in Ply- 
mouth colony affairs, as assistant, deputy governor and governor 
(1681-92). 

t James Cudworth of Scituate, Mass., had served as representative un- 
til rejected for tenderness to the Quakers, in 1659, assistant, commis- 
sioner of the United Colonies, and captain in King Philip's War, com- 
manding the Plymouth colony troops. Elected deputy governor in 1681, 
the following year he was sent as colony agent to London, where he died 
in 1682. 



182 RHODE ISLAND HISTORICAL SOCIETY. 

50 

Gov. Arnold [to Gov. Leete] 23 June, 1677. 

Hon'''^ S"^ — In obedience to his Maje^s Commands & in concur- 
rance w^^ the Hone's the Governo"'^ of the Massachusetts & 
Plymouth the Court have chosen 81 Impowered the Hon*^^ Cap* 
Peleg Sanford * & Cap* John Green t Assist^ to Joyne w**^ 
such as shall be Empowered by the other Colonys to Assist in 
the hearing & (if it may be) putting a good & Finall determi- 
nation unto that Controversy of m"" Harris & others & doe 
well approve of the proposalls by the Hontiie Josiah winslow 
GovernC of Plymouth, onely conceive that patuxett being 
ruined by fire there is no'conveniency of houseing. But Provi- 
dence will better accomadate the Gent" that are to travill in 
that, no more at present but that I am S*^ your Humble Ser- 
vant 
Newport June 23* 1677. Benedict Arnold 

[Extracts from Conn. MSS., i : 220.] 

51 

Gov. Leverett to Gov. Winslow, 3 July, 1677. 

Addressed : — These for the HonC^^ Josia Winslow Esq"" 
GovernC of his Ma'^^s Colony of New Plimouth. 

S^ 

By a Letter from W™ Harris 12° June ult° I understand 

yo"" ready concurrence & Speedy dispatch in declaring yc Selfe 



* Peleg Sanford of Newport (1639-1701), who held office in the general 
assembly from 1667 to 1679, and who was chosen governor from 1680 to 
1683. 

t John Green of Warwick (1620-1708), who served in the assembly al- 
most continually from 1652 to 1690, and from 1690 to 1700 was chosen 
deputy governor. His place of residence, perhaps, explains why, al- 
though nominated, he did not finally serve upon the court. 



HARRIS PAPERS. 183 

obedient to his Ma"«=s comands from Hampton Court 24° Aug" 
in the 27° yeare of his Maj*^es Reign 1675. in chooseing 
Coiriission''^ & Jurymen & saith hee hath not as yet shewed to 
you, against whome hee complaines ; but in his to mee saith. 
hee complaines against WilHam Randall & his partn''^ Tho : 
Dexter partn'' w^h Cap* Hubbard,* and divers persons of Re- 
hoboth, as the Smiths, Hunts or Hunt & therefore desires the 
Jurors may bee desired to shew whither they bee concerned or 
a kin ; hee also desires the easiest or cheapest way may bee 
consulted for entrys of complaints ; which I thinke is his 
worke with the Coinission" I have herewith sent a draught 
of a Comission. I intend to those sent by mee ; which if liked 
you and others may use, or others if you and they see meete ; 
If anything in it you judge meete to alter. I shall readily com- 
ply wth your reason : I set not the President on choice but as 
put upon it that there may bee a forwarding of the worke — 
S"" you will heare of the Lords hand going out against us at 
black point, t [ ] were appointed to rendevouz the 26" 

June. the. [ ] they engaged the Enemy ; who were enter- 
tained by a briske first and second party of them, put to re- 
treat and ambuscaded in theire retreat, so that tho. our men 
fought like men of valour wee are cut off, Cap* L* & Officers 
and nigh 50 English and Indians slain and wounded ; what the 
Enemy lost wee understand not, but doubtless they must 
loose many : ffrom Kenebeck Indians wee have rec^ Letters de- 
siring a peace ; Majo"" Clarke is gone thither to understand the 
motions of the Gentlemen from Gov Andros ; the Lord in 
mercy fit us to his pleasure, certainly it will not sound well, 



* William Randall (1647-17 12) of Scituate appears in the vicinity of 
Providence as early as 1674. In 1684 he purchased land from his father- 
in-law, Henry Fowler. The property which he possessed and which 
Harris claimed was between the present Randall's Pond and the Pocasset 
River. Thomas Dexter was probably of Sandwich. Who Captain Hub- 
bard was is uncertain. 

t Black Point, now Scarborough, Maine, which was frequently at- 
tacked by the Indians during 1676 and 1677. 



184 RHODE ISLAND HISTORICAL SOCIETY. 

that being drawn by c ffreinds into a warr wee should bee de- 
serted by them before it's ended ; If so. the Lord will help us 
out of it as formerly. 

Thus with kinde respects from my Selfe and wife to yo"" 
Selfe and Lady I comend you to God & rest. 

S"" Yo"" humble Servant. 
Boston. July. 3<^ 1677. @ John : Leverett 

majo"" Thomas Savage & Capt Dan Hincham are those pitch<^ 
upon to be Comisioned I have Sent like to Governo"" Leet 
S"" there is a remayne of the Irish charity w* if you please to 
order wilbe delivered but it is desyred that wil order it to be 
receyved at once fro m"" Talo"" m"" Deane [ ] Dudley * 



[Cushman Papers.] 

52 

Gov. Leete to Gov. Leverett, 6 July, 1677. 

Hartford July 6* 1677. 

Hon""^ S' — upon receipt of the foregoing letters.! that came 
to hand 4* Instant, these may testify (by o*" Subscription) o"" 
ready complyance with what is therein propownded upon m"" 
Harris his behalfe, like as had been before desired by him- 
selfe, & by us accepted, onely for time & place, we leave with 



*A committee, headed by Nathaniel, the brother of Increase Mather, 
secured subscriptions in and around Dublin, Ireland, to send a ship, the 
Katherine, loaded with meal, oatmeal, wheat, malt, butter, cheese, etc., 
to relieve the needs of the sufferers from the Indian war in New Eng- 
land. Most of the relief went to Plymouth colony. The committee 
consisted of [William?] Taylor, Thomas Deane and Paul Dudley. Mr. 
Charles Deane printed the little that is known about "The Irish Dona- 
tion of 1676" in the N. E. Hist. Gen. Register., ii : 245-250. 

t This enclosed copies of the letters of Governors Winslow and 
Arnold, Nos. 49 and 50. 



HARRIS PAPERS. 185 

yourselfe to Express : & then shall we so endeavour to attend 
the service, haveing chosen & impowered the Honor^^ M"" 
James Richards* Assistant & major Edward Palmes t to per- 
forme the same, we purposeing then allso to send some Jury- 
men & doe in like maner desire (if it be thought necessary) 
that we may receive a Coppy or draught of a Comission for 
the Suitable authorizeing the agents to hear, act & determine 
according to righteosnes, that so we may be uniforme in all 
the requisites which seames to be all the needfull at present 

from S"" your Humble Servant 

Will™ Leete 
These for the Hon'^'^ Gov Leverett at Boston 

[Extracts from Conn. MSS., i : 220.] 

53 

Harrud to Calverly, 6 August, 1677. 

Endorsed : — John haruds letter from Long iland about 
aperung in y^ Case of the lands of mashantetat 

Addressed : — To his loveing frend m'' Colverly at newpourt 
on Rode Ilande these deelever 

Loveing frend m"" calverle my humbell Respectes presented 
unto you hoping you are in good helth as I am at present 
through gods mercy but haue bin much troubled with lamenes 
in my Joyntes with much coldes I got befoore I came from 
hom which has much inpoverreshed me by Reson of tackin 



* James Richards of Hartford ( -16S0) was one of the wealthiest of 
the early Connecticut settlers. He had served as assistant since 1665, 
and as commissioner of the United Colonies in 1672 and 1675. 

t Edward Palmes of New Haven (1637-1715) was elected representa- 
tive in 1671-74 and 1677, and in 1683 was named on the royal commis- 
sion to adjust claims in the Narragansett country. Neither he nor Rich- 
ards served on the Court as finally constituted. 



186 RHODE ISLAND HISTORICAL SOCIETY. 

me of my laber and my childre much visitted with Sicknes but 
my wife Indiferent helthe this chment agrees not with us : but 
hope to Return hom again to you as Sonne as god shall ina- 
belle me : my desier is that you wold appear in the defence of 
our undouted titelle when summunses shal cum from the 
court I am no way doutful but we may have equall Justis when 
those gentlemen com to gather at patuckset : I will be Re- 
sponcebell for what charge you shal and have bin at : I cannot 
Send you any thing tell mickcelmas : John wickes is a great 
distance from us I can not com to speacke with him : but have 
sent to him 

my love Remembred to al our Relationes and frendes : I pray 
send me word how matteres are desided : not elst at present 
but Rest youres to command John harrud from : South holde 
on long Hand 
the 6 of august : 1677 

[From Moses Brown Papers, vol. 18, no. 230.] 



53!^ 

Harris to Winslow, 17 September, 1677. 

Addressed : — ffor The Honnored Josiah Winslow Esquir 
Governor of his Majestyes Collony of New plimoth and pray- 
eth all convenient speed into whose hands it may come. 

Honnored S"" 

With regret of minde I am yet troublesome to yourself 
& others, be pleased to understand y* I have bin with y^ 
Honnored Governor of y^ Massachusett who made me wayte 
on his Honnor from friday night y* week until tusday y^ next 
week therto & with some reasonings at y^ last upon your will- 
ingnes & y^ Governor of Rhod Island he apoynted y^ third of 
October next a meeting at providence but would limit y^ com- 
mition & time but to one day what weather or hinderance so- 
ever I s'l y« Judges in England (on whome he instanced to one 



HARRIS PAPERS. 187 

day or a day) had theyr Coaches, but he s'l these gentlemen 
might goe y« earlyer & seeing it is goe & pray they may I 
would now have made bold to have shewed yourself what was 
s'' but this day within this houre or two I am bound to Conec- 
ticut which s'' great travell to me might have bin spared I[f] 
ye s'J Governor would but I suppose M'' williams his sugges- 
tions emerge &c 

As to William Randall I have herewith only sent our 
complaynt yet soe large y* he may not be to seek thoughe he 
have not our declaration now, I ow to M"" Hinkley lines of 
thanks but y« time so short & my present & after Jurny soe 
long (before y^ Court I cannot pay y^ same nor can I tell how 
to send these to your Honnor, I pray bear with my boldnes 
many wayes forced 17 Sept 1677 

your humble Servant William Harris 

[Original owned by William D. Ely.] 

54 

Harris to Winslow, 17 September, 1677. 

Endorsed by Harris : — A complaynt agaynst William Ran- 
dall 

To ye Honnored Josiah Winslow Esquire Governor of his 
Majestyes Collony of New plimoth praying that some way by 
your apoyntment as pleaseth yourself That William Randall 
of Cituate in y^ Collony of New plimoth may be Summoned 
to apear at his Majestyes Courte to be held at providence y^ 
third day of October next* in y^ Collony of Rhod Islan &c by 
his Majestyes Order of ye 4th of August 1675 And 2^^ year 



* The commissioners had met at Pawtuxet, 22 August, 1677, but on ac- 
count of the absence of the Rhode Island members nothing more than 
reading of credentials and designation of jurors was accomplished {Conn. 
Col. Rec, ii : 588). 



188 RHODE ISLAND HISTORICAL SOCIETY. 

of his Majestyes Reigne from Hampton Court to answer Na- 
thaniell waterman Thomas ffield & wilHam Harris of patuxet 
& providence in y^ Collony aforesd Complaynants & demand- 
ants in a plea of land wherfore he y^ s'^ William Randall tenant 
by force Entered by force on aboue a thousand acres of y^ 
Complaynants & demmandants land of patuxet woodland 
highland & lowland & medow on y^ northward syd of the long- 
est streame of patuxet river & on y^ southward syd of a line 
y* is to devide betweene y« land of providenc & y^ land of 
patuxet to ye Eastward & below a place or pon called penhung- 
ganset in y^ month of march 167 J retarding y^ s^ Complayn- 
ants & demandants & Ejecting them to theyr damage of 
twenty pound starling which forceth them to make theyr com- 
playnt of y^ force demand theyr land & commenc theyr action 
of trespas against y^ s*^ William Randall & pray Justice of y^ 
s<^ Courte. In behalf of Nathaniell waterman & Thomas fifield 
theyr Aturny & in his owne behalf complaynant & demandant 

William Harris 
17 of Sept 1677 

[Harris Papers, p. 91.] 

55 

WiNSLOw TO Hinckley, 22 September, 1677. 

Addressed : — To the W^pH Thomas Hinckley Esq"" these 
Banestable 

UoiY^ S"- 

M'' Harris was lately with mee to intreat a second 
meeting about his concerns, and to Ease his charge, and 
shorten your trouble ernestly intreats that the authority of 
the Severall Coloneys would give Sumons to those Complayned 
against within their respective jurisdictions, the which is on 
my seriouse thoughts about it Something irreguler, and may I 
doubt bee attended with inconvenienceys, but the rest of the 



HARRIS PAPERS. 189 

Coloneys haveing granted it at his great importunity, I have 
also sumonsed William Randall, and have given Maj"" Cud- 
worth notise that the next meeting is agreed and apointed to 
bee on the third of October next at Providence, as you will see 
by the inclosed which I received but last night ; S"" I beleeve 
your family ocations may be pressing yet intreat there may 
bee no fayluer on our pi't. Wee have little news from Eng- 
land (tho divers genf^ from Boston were this week at my 
house) only some letters say that ffrance and Holland are near 
an agreement of their great and long continued difference : * 
also that Argere t have againe broke peace with us, and fifty 
saile of frigets bound thither ; Noe news from the Countreys 
Agents, or els kept very private, many rumers of gen'''' gov- 
ern"" or Coinission''s, $ but I finde little grounds for it. my re- 
spects to good M"" Wally,§ m''^ Hinckly and your selfe I rest 
Marshfeild Your ffreind and S'^v* 

Sept 22. T"] Jos : Winslow 

[Cushman Papers.] 



56 

Gov. Arnold to Commissioners, 29 September, 1677. 

To [ ] the President and Assistants Assembled 

and instated into Cou[rt Order] ffor our Lord the King his Ser- 
vice, [ ]nd Observance of, his Majesties Comand ffrom 



*The first treaty of the peace of Nimeguen was signed 10 August, 
1678. 

t Algiers : that the above was a common spelling and pronunciation of 
the name is shown by the "captivity letters," Nos. 100-107. 

t It was not until May, 1686, that Dudley became president of the ter- 
ritory comprising Massachusetts, Maine, New Hampshire and the Kings 
Province. See Palfrey, iii : 484. 

§ Undoubtedly Thomas Walley, who came from London in 1663 and 
settled in Barnstable, where he died in 1678, aged 61. 



190 RHODE ISLAND HISTORICAL SOCIETY. 

Hampton Court, Aug[u]st the ffourth. 1675 and twenty Seav- 
enth Year of his Majesties Reigne, for hearing the Complaints 
of M'' William Harris against Severall intruders on his Lands 
(as he saith) at or about Pawtuxet. the Court Sitting at Provi- 
dence, October the third day 1677 and 29th Year of his Majes- 
ties Reigne These by the two Hono'^d Gentlemen Commis- 
sionated for that Court. Viz": Cap": Peleg Sanford & M'' John 
Coggeshall Senio^* 

Honoured and highly Esteemed. 

I conceive I need not make any Excuse in defence of my 
Innocency as to the ffrustrating the fformer appointed Court 
it being Manifest before this time doubtless to all Concerned 
I had no information of time place or fforme off Commission, 
butt as to the Present Court although warning ffell Short of 
what was Promissed, yett due Care is taken as I hope it doth 
appear in the appoynting the most Unbiassed Persons for As- 
sistants to Sitt in Court and jurors to Serve in their Cappas- 
sity, &c. Both and all which the Plaintiffe acknowledged he 
had not any thing to Object against any of them, so that will 
save some trouble in the Court, Butt hee to witt M"" William 
Harris being very Importunate with mee to give out Sum- 
mons t for sundry Persons to appear to Answer his Complaints 
at this Court I was Inclining to his desire. Butt withall Con- 
sidering how Inconvenient it would prove in Case y^ Court 
should bee by any accident Prevented of being in a Capassity 
to sitt according to Commission, that so many Persons should 
bee disapoynted in their attendance on a Court y' was not, as 



*John Coggeshall of Newport (1618-1708) had served almost continu- 
ally in the assembly or as general treasurer from 1653 to 1676. He was 
elected deputy governor in 1686, '89 and '90. He took John Greene's 
place in the court. 

t The original warrants to Thomas Fry to summon Greene, Gorton, 
Calverly, Harrud, Burlingame and Ralph, all dated 15 October, 1677, 
and signed by Sanford and Coggeshall as commissioners, are in the 
Cushman Papers. 



HARRIS PAPERS. 191 

also Considering that the Court hath Power when instated to 
give out Sumons as they see cause Soe doubting it might 
Seeme an Usurpation of the Courts power rather than any 
ffacihtating the Proceeds thereof, Butt Principally Minding 
that his Majesties Command gives nott Power to the Respec- 
tive Governours to bee off the Court, Or to act as off the 
Court butt to Authorize Persons Qualified and flfitt to bee a 
Court as also the Respective Governo"^^: have Empowred them 
to Carry on the Court which having done, they are only En- 
joyned to Make a returne of their Proceeds to the respective 
Governours &c. which intimateth as I Conceive that the Gov- 
ernours are not to act in that Courts buisines it being not 
Proper they Should be accountabl Each one to him selfe, 
Butt only ijto his Majestic what they doe in the Observance 
of his Royall Comands in that Matter : Thus I Conceived 
Honoured Gentlemen to bee incumbent upon mee to acquaint 
you with y« reasons of my Proceeds in the Premisses, not Pre- 
suming to direct you how to Proceed butt Refering you to y^ 
Commissions by which you are to act (nott doubting your 
Abilityes therein &c. Soe take Leave and Rest Your Hum- 
ble Servant 

Benedict Arnold Senior 

Newport This 29th of Septemb"" 1677 

[From R. I. Hist. Soe. MSS., vol. 5, no. 929.] 



57 

Proceedings of Court, 3 October, 1677. 

Att a Court held att Providence this Third day of Octob"" 1677 
by Spetiall Comand from his Maj^^^ by the Comishioners ap- 
poynted by the Govern'^s of his Majesties Collonys of Ply- 
mouth Massacusetts Connecticott and Road Island. 



192 RHODE ISLAND HISTORICAL SOCIETY. 

Comishion"'^ from Plymouth f Thomas Hinkley Esq"" Precedent 
Collony I James Cutworth Esq-- 

from Massacusetts f Symon Lynde * 

1 Capt Danyell Henchman t 

from Conecticott f Capt George Denison t 
I Danyell Witherell 

from Road Island f Capt Peleg Sanford 

1 John Coggeshall Sen': 

Charles Hill clerc § 

Retourned for Jury men || Corpo" William Bond 
from the Massacusets Coll : Peter Woodward Ju"" 

Samuell Gyle 

Sam" Bulling 



* Simon Lynde (1624-1687) was a prominent Boston and London mer- 
chant, carrying on business in both places. 

t Daniel Henchman ( -1685) was one of the founders of Worcester 
and had been a captain in King Philip's War. 

i George Denison (i62o.?-i694) of New London, became prominent 
through his military activity during King Philip's War. 

§ Charles Hill ( -1684), the New London merchant was, according 
to Savage {Geneal. Diet., ii: 415), "a useful man, recorder of the town 
and clerk of the county court." 

II Of the Massachusetts jurors Bond was of Watertown, a representative, 
and active in the council of safety during the Andros insurrection ; Wood- 
ward was of Dedham; Gyle, or Gyles, of Newbury; Bulling, or Bullen, 
of Dedham. Of the Plymouth jurors, Lieut. Browne was from either 
Duxbury or Swansea ; Allyn from Barnstable ; Peck of Rehoboth : and 
Brooks of Scituate. Of the Connecticut jurors, Richardson was from 
Stonington; Mason lived at Stonington, New London and Norwich, 
was a son of Major John Mason of Indian War fame, and a brother-in- 
law of Hill ; and Tracy was from Norwich. Of the Rhode Island jurors, 
Ward, the progenitor of the family of governors, was of Newport; Rich- 
mond of Westerly ; Brinley of Newport ; and Crandall of Westerly. 



HARRIS PAPERS. 193 

ffrom Plymouth. Left Jn° Browne 

John Allyn 
John Peck 
Gilbert Brooks 

from Conecticott. m' Amos Richardson 

Charles Hill 
Dany" Mason 
Left Tho Tracy 

from Road Island. Thomas Ward 

Left Edward Richmond 
m"" William Brenly 
John Crandall. 

William Harris Thomas Feild & Nathan" Waterman of Pa- 
tuxet & sd Providence Plan*^ Complaynes ag* John Towers 
Deft 

In An Action of trespas of a plea of Land of &c att 
Patuxet for unlawfully purchasing entring by force and 
holding some and allianiating other of sd plants Lands 
whereby they say there Lawfull purchas & peaceable pos- 
session is ejected doeing them many harmes against the 
publique peace and good Law, to the dammadg of tenne 
pounds Ster' for all which & there prooving there true 
title and possession of sd Lands sd plantiffs coinenceth 
the sd Action. 

By consent of the plantiffs and defendant in open 
Court this action is referred to bee tryed att the next 
adjournement. 

This Court is adjourned till the Seaventeenth day of Novem- 
ber next : and then to meete againe att the howse of Thomas 
Feild in Providence in y^ Collony of Road Island and Provi- 
dence Plantation &c 

Charles Hill Cler*-' 
[Cushman Papers.] * 



194 RHODE ISLAND HISTORICAL SOCIETY. 

58 

Harris to the Court, 12 October, 1677. 

To his Majestyes Honnored Court sitting by his Majestyes 
Authority & order bearing date at Hampton Courte y^ 4'^^ of 
August 1675, & 27* year of his Majestyes Reigne — for y^ 
hearing & determining defferences as to patuxet at providence 
in y^ Collony of Rhod Island & providence plantations &c y« 
17'h of novem next 

The declaration of Thomas ffield, Nathaniell Waterman & 
William Harris all of patuxet & providence in y^ sd Collony 
complaynants & demandants as in theyr complaynt expressed, 
bearing date of octob 1677 Against Edmund Calverly, late of 
Warwick in y^ foresd Collony tenent by force & formerly atur- 
ney for his partners in y^ sd lands pretended to, (to say) James 
Sweet William Burton, John Sweet, John Wicks, Abell Potter 
& others, wherfore he y^ s^ Edmund Calverly hath unlawfully 
purchased with his s^ partners four thousand acres of our land 
of patuxet as by his & theyr & others pretended grant ther of 
bearing date y^ 23 of June 1662 taken of Cooweeset Indians it 
doth apear. And for y^ sd Edmund Calverly hath entered by 
force by y^ sd pretended grant with others & mayntayned y« 
force as in our complaynt expressed we wear forced to com- 
mence our sd action of trespas against him y^ sd Edmund 
Callverly & partners of one hundred pounds starling & make 
our demand of y^ sd land & commit y^ Issue therein expressed 
to y« good Country as in y^ conclution of our declaration we 
shall expres, now further showing that y« sd Edmund Call- 
verly & his partners petitioned of y^ Court of Rhod Island &c 
leave to buy foure thousand acres of land for without leave 
from y^ sd Court it was unlawf ull by y^ law there, to buy upon 
theyr request : had leave to buy foure thousand acres, but with 
those restrictions (to say) not to buy any bought before, nor 
within any towne ship, but our sd patuxet was bought before 
y^ s'^ Warwick was. And since (much of it) often bought & sold. 
And within y« Towneship of providence which they knew 



HARRIS PAPERS. 195 

which shewes theyr intended force & frauds as we shall pro- 
duce record to prove 

2ly those tenant by force Edmund Calverly buy of them y' 
had noe right to sell (with his partnors) they buy of a few 
Cooweeset Indians, foure thousand acres not of Cooweeset 
land, much like Warwick men^ buying some of our patuxet of 
Alexander a sachem of y^ Masachusets.* Warwick towne 
lyes between Cooweset & patuxet & yet Warwick grant is of 
meantonomy & not of y^ sd Cooweset Indians, but it is like 
they the right to make up y^ weaknes of theyr grant with y« 
strenth of theyr Armes as thus apears, when execution for- 
merly was commanded to be done for us, then apeared Ed- 
mund Calverly as a cunstable ther, soe made by Mr. Greene, 
to keep y^ peac s^, while ye Kings writ of execution was re- 
zisted, at which wear some Warwick women, & old Mr Gorton 
was goeing thyther, only came when y^ partyes wear partyed, 
all in ayde of theyr young grants. But our grant was forty 
years since, of old Cononicus y« chief conqueror, & of old 
meantonomy, to whome our adversaryes grantors wear under- 
lings at their wills. And if these underlings can run away 
from theyr masters, & sell y« land theyr masters sold ; soe 
long before and be a good grant ; how good will a grant be of 
theyr soe late weak grant by those soe potent to conquer them 
all, as of late it hath bin. But Warwick remayned, by not soe 
much as a half title to oures, for oures forty years since, by y^ 
greatest conquerer,t & by Warwick litle grantor to, but war- 
wick only by our & theyr litle grantor meantonomy only a 
cuszin to the right grantor a younger brothers son, which s'^ 
great grantor had sons & himself in life, when y^ other was 
dead (meatonomy) much better is our grant of patuxet then, 
to Edmund Calverly^ — and his partners whose granttors were 
manyfould more below & les power in all things then mean- 
tonomy our least grantor, & Warwick greatest grantor. 



* Wamsutta, the elder son of Massasoit, was also known by the Eng- 
lish name Alexander. 
t Canonicus. 



196 RHODE ISLAND HISTORICAL SOCIETY. 

On our Grantes, The foundation, is layd Towneship, on Towne- 
ship record, And a patent, & therein the Kings grant to be of 
patuxet, And as in law : & Justice, as may move our title 
patuxet, may move y^ Kings patent layd therupon 
Allsoe we hold of y« King, Agreed aboute y« five (to say) y« 
fift parte of all y^ gould & silver ore ther found And noe man 
ever commenced any suit, nor demanded our land by law 
therfore our title good by y^ equity of y^ sd law of England, 
of levying a fine to y^ King, & by y^ equity thereof oures. 
And Edmund Calverly & his partners grant & title layne dead 
by law (to say by verdict & judgment this 12 or 13 yeares, and 
our title lives & bylaw rayesed against y^ others by verdict & 
judgement. 

Besyd y^ ayge of our grant is soe long y* it hath lived almost 
twice y^ time limited in ye statute of none claymes to bring a 
writ of right, but all this time our adversayes have scene noe 
cause, to bring theyr writ of right & how should they y' noe 
cause had, and therefore now if it could be supposed to bring a 
writ of rights it is now to late by y^ sd statute. 
Againe our grantor was one soe potent, you our grantors y* y= 
English Jurisdictions made confederacy of peace for all y« In- 
dians in these partes with them, And can it be immagined y* 
our adversayes mean grantors wear any independent power or 
common weal at Cooweeset in y^ bosome of y^ bay of narraganset 
not subjected to Cononicus when osemoquen* y' had bin able 
to fight them formerly yet then subjected, & theyr rule was 
what y^ greatest sachem pleased & they then granted our land. 
But suppose them tenants, & but suppose them, yet but as y^ 
rest are & doe sell land & might by theyr conquest & rule 
better than any other sachem, yet Knowne sell or grant land 
by conquest & it being a good title among all civellized nations 
cannot be counted tirany in these 

Agayne if all allterations of Goverment after usurpers dead 
or vanquished & be declared Kings indeed but not of right, 
yet y^ lawes stand made in theyr times & courtes & Judg- 



*Massasoit. 



HARRIS PAPERS. 197 

ments remayne as if not usurped, soe likewise our granttors 
suppose & but suppose usurped or tyrants yet what they did 
was by theyr law & Justice, And as Just as y^ acts of any other 
monorches, nay what les tirany can any Monoch doe, then sell 
his conquerred land to such as need & will buy, & put none in 
want therof And we pray y^ Court & Jury to consider allsoe our 
arguments in our other declarations, of y« true & lawfull Au- 
thority of our grantors to grant, and did grant, & our title of 
y« s'i land of patuxet first, our long and many troubles & con- 
tinuall charge there aboute, & perplexety thereby to great hin- 
drances in all things of our ocations which y^ sd tenant by 
force (chiefly) & his partnors by theyr entrance by force & 
theyr ayding divers wayes y^ force of other theyre partners, 
rezisting y^ remedy of y^ Kings majesty, findeing none here 
by reason of many factions they had made by others like un- 
lawfull claymes & interest, by colusive confederayes prevented 
& by strength of multitude rezisted all Justice to y^ damage 
of one hundred pounds starling, enforcing us to our sd action 
of trespas of y« sd sum against ye tenant by force or tenants 
by force allsoe. And commit this Issue to y^ good Country 
who hath y^ best right or truest title to y sd land by us de- 
manded of patuxet acording to our proportions, we y« com- 
playnants & demandants, or y^ sd Edmund Calverly tenant by 
force, or him & them his sd partnors, against whome herein 
we complayne & declare in this our s^ action we are redy to 
joyne in y^ sd Issue with him y^ sd tenant by force or him & 
them his sd partnors against whome herein we complayne & 
declare, but pray he may be put to answer for himselfe & his 
fores'^ partnors for a finall end of y^ sd defferences he being 
theyr partnor & former Aturny & moste like still as his 
Majestyes order requireing a finall end of y^ sd defferences. 
And a quieting y^ title y' apears to be just. In behalf of 
Thomas Field & Nathaniell Waterman theyr aturney & in my 
owne behalf & right complaynant & demandant this 12 of 
octob 1677 & 29th year of his Majestyes Reigne. 

William Harris. 
[From a copy made by George T. Paine.] 



198 RHODE ISLAND HISTORICAL SOCIETY. 

59 

Harris to the Court, 15 October, 1677. 

Endorsed by Harris : — our declaration against M"" Dextor, 
Captayne ffener & y^ Towne of providence to be left with 
Captayne Peleg Sandfoord one of y^ Commitioners, of y« 15 
of octo 1677, as to ye end within shewed 

To the Kings Majestyes Honnored Courte Siting by vertue 
of his Majestyes Order, bearing date at Hampton Courte y« 
4**^ of August 1675, & 27*'! year of his Majestyes Reigne for y^ 
hearing & determining defferences as to patuxet at providence 
in ye Collony of Rhod Island & providence plantations Sec, the 
17*'^ of November next. The declaration of Thomas ffield, & 
William Harris of patuxet & providence in y* s*^ Collony, com- 
playnants & demandants in an action of trespas bearing date 
ye i^th of octob 1677, Agaynst M'' Gregory Dextor, Captayne 
arthur ff enner * And y^ s^ Towne of providence in y^ s^ Col- 
lony tenants by force And as further perticulerly exspresed 
in our s'l complaynt we herein further declare and shew. That 
ye gd y[r Dextor & Captayne ffenner have bin active leading 
Instruements in carrying on a defference with divers persons 
after comers of y^ s'^ towne of providence under y^ name of y-' 
s^^ Town have by many meetings calling & requireing the Sear- 
jante in his Majestyes name to warne us to y^ s^ townes meet- 
ings & then & there bid us for peace sake relinquish our 
Claymes to a great parte of our land of patuxet as if they 
should sugest we wear like to have noe peace, but by soe doe- 
ing, some demanding shares of our sd land of y^ s"^ Towne 
(saying) see if we cannot keep it as well as warwickmen (theyr 
teachers) Notwithstanding 13 of us patuxet men wear y^ first 



♦Fenner, in 1657 and 1659, had purchased the land immediately south 
of the Pocasset river and west of the present Randall's pond (Prov. 
Jfgc.viu: 72) which land came very near to where Harris thought the 
dividing line between Providence and Warwick ought to be. 



HARRIS PAPERS. 199 

purchasers of M'" Williams of all y^ Lands both of providence 
first, & afterward of patuxet, & some of us with y^ adventure 
(by hardship) of our lives, & neer loste, soe great was our cost, 
of ye sd lands, which we y' came with M"" Williams should have 
bin with him in y^ first grant & price, but he only put in him- 
self in y^ first which he had of the Sachems for litle above half 
soe much as he solde providence to us. And thoughe he 
promesed patuxet to y^ men of patuxet for five pound yet he 
got it of gift & had of us with his owne share twenty pounde 
starling as his receipt will shew,* Into which s'l lands of provi- 
dence we received divers persons who by y« sugjestions of 
M'' Williams & other rose in a tumullt against y^ then peace 
of providence, order, & rule therin. And allsoe claymed pa- 
tuxet, but when they had wearyed themselves came to arbytra- 
tion, & y^ award t was y* all y^ Inhabytants should pay equally 
& have equally of providence (to say) on y^ northward syde of 
ye s^ line betweene y^ s^ Rivers, & y^ rest northward which sd 
land is supposed three quartters, and patuxet y« 4*'' quarter, 
which s^ patuxet part was awarded to patuxet men aboute or 
above thirty years since And all men then save one M'' Weston 
& one M"" Greene (both now dead) acsepted of y^ award then 
(and theyr Succesors afterward) and have solde theyr rights in 
patuxet. And all men then ther subscribed to y^ award as we 
have to shew, since then many young people not then Borne, 
growne up, & many such come hither, & here received unknow- 
ing to former rights, & some through covetousnes invade our 
rights of patuxet afores'i & are anymated by our adversaryes 
of Warwick, Thoughe we of patuxet possesed y^ inhabytants 



* Williams, on 8 October, 1638, made over equal rights in his Provi- 
dence purchase to his twelve associates, in consideration of ^30 for his 
own expenses (Prov. Rec, iii: 90, xv: 86 ; Rider's Hist. Trad, xiv: 55). 
In the same year Pawtuxet was " impropriated unto thirteen persons, be- 
ing now incorporate into our town of Providence," the consideration 
being ;i^20 {R. I. Col. Rec, i : 20 ; Rider's Hist. Tract, xiv: 56, 58). 

t The " Combination," 27 July, 1640, which settled the boundary between 
Providence and Pawtuxet {Prov. Rec, xv : 2). 



200 RHODE ISLAND HISTORICAL SOCIETY. 

of providence with providenc land (to say) three quarters of 
all our lands, supposed, & kept a quarter (supposed) 
(to say) patuxet, But, Warwick purchasers, (to say) twelve, 
pretend to above twenty mile in length (to say) a great 
piece of good land besyde. And yet alow theyr inhabytants 
but five miles in length (to say) of y^ s'^ twenty miles, yet y^ 
Inhabytants of providence are instigated by them of Warwick, 
against us of patuxet, thinking by many perplexetyes to wear 
us out, & mak us yeild up our rightes, in which designe M"" 
Dextor & Captayne ffenner are & have bin very active and 
underhand another designe for by pretence of providence, litle 
old bounds (much stood upon) wherin Gregory Dextor could 
not in his understanding against Jurisdiction by y^ same clayme 
his land, his due, would by force if he could overthrow y' title 
(for a worce) (but biger) thinks with a multytude of trespasers 
by force to enforce theyr way as by theyr papers & acts we 
shall prove & not only soe with his partty of providence, but 
with another partty of Rhod Island in a parcell of land 13 
miles square bounded by providence line, which if he could 
make his matters take by his mulltitude to deminsh or null 
providence, patuxet, & Warwick intangled (to him) (by Jurisdic- 
tion), then by his party of Rhod Island with him who have 
some sway in Courtes, may place his thirteene mile square (to 
say) as much of it as can be contayned on y^ deminution or 
nullety of providence & patuxet, for, by y^ name of y^ line of 
providence, patuxet is bounded, soe is his 13 mile &c soe y* to 
come to y* line must lay theyr land on patuxet land, & lack 
roome, must have providence & more & soe bury patuxet, not 
then, thinking of any other Court or Jury but some of theyr 
or his party should be in it to help at a dead lift neer hand, 
And thus haveing breefly discovered theyr undermineings, I 
will shew our true title stands upon soe great rockes, y* have 
stoode soemany such stormes cannot be soe overthrowne, nor 
blowne soe 

for first, our first title : both of providence & patuxet (I 
must put them together, because together in y^ same grants, 
by y« same grantors, & y^ mischief intended to y^ proprietors 



HARRIS PAPERS. 201 

of patuxet, & against them both, (though not soe much to 
providence,) our sd titles are from Conounicus y^ eldest, & y* 
eldest Meantonomy, the sd Conounicus y^ greatest Conquerer 
who subdued all y^ Indeans ther under his finall Judgment & 
doome, & therfore might as well as other monorches sell his 
conquered land, And did, after he had sold oures. To M"" Cottin- 
ton of Newporte & others Aqueadnick, (now called Rhode 
Island), as by record I shall prove, And Warwick as by theyr 
deed we shall prove. 

And a parcell long since to M"" Benadict Arnold Senior on y« 
other syd of patuxet river, all since providence & patuxet. And 
three Islands to M"" Williams, now called prudence patience, 
& hope, may prevent pation, remove doubt, & such unwisdome 
as to object our grantors, all since providence & patuxet 
granted, therfore before his or theyr monorchy suffered any 
deminution, If they all stand firm & y« last, much more y^ 
first, providence & patuxet, when noe English Jurisdiction 
here to enterupt theyr power nor noe English inhabytants to 
be entered upon or clayme before us, And y^ English Juris- 
diction and since, our grant, tooke him & them for y^ rulers of 
all y^ Indeans here & confederated with them against y^ pe- 
quats as by witnes I shall prove, 

2ly That maner of rule & Goverment hath bin soe long 
since y^ English came here, & y^ s'J in Conounicus his hand soe 
long before they came, by Indean story & they have no other 
record long enoughe by y^ law of prescriptions to enure a title 
if it were nothing els, to lands. Lordships & Courtes, & then 
without all reasonable doubt the sale of land in his hand, & if 
any objection by any Indean y^ power of Judgment to him by 
prescription allsoe 

3ly we of patuxet, & they of providence have held y^ same 
about forty years, & y' is allmost or about twice y^ time of the 
Statute of none claymes, after which time noe man can com- 
mence a suite by a writ of righte, though otherwise had a 
righte, but our adversaryes have none to patuxet, & besyde our 
olde knowing neighbours Challeng noe right there, but such as 
afores*^, & though we y^ towne, because under y' name we wear 



202 RHODE ISLAND HISTORICAL SOCIETY. 

hindered and molested, yet with them we doe not intend those 
(y' have noe hand in it) noe more then ourselves y* are of y^ 
towne allsoe 

4ly we hold by a grant of y^ king, under his Majesty es 
great Seal in his majestyes Charttor, as by publique test we 
shall prove, & shall y^ grant of some pittifull needy flattered 
Indeans late pretended title defeate us of our soe just & long 
true title & possestion when as by y^ law of England they y* 
levy a fine to y^ king. If any have right to y^ sd land & sue 
not within a short time therein limited, they are bared forever, 
but we have held it many times y' time, therfore our title not 
to be questioned 

Then seeing our grant of patuxet by the Chiefest granttor of 
the Indeans & first, and laste of y^ king, underling Indeans 
grantes cannot defeat nor frustrat them therfore it is Just 
we should have our right. And y^ s^ Gregory Dextor, & Cap- 
tayne ffenner & they that y^ called themselves y^ towne should 
pay ye damage they have done as in keeping us out of our 
knowne rights soe long, & forceing us to goe to England to 
pray a remedy with theyr many more troubles, & Charges then 
here recited or can at present be remembered to great disturb- 
ance of neighborly & y^ publique peace & against good law 
have Ejected or cast us oute of our s^ right, & to our damage 
of ten pounds starling, which forceth us to bring our action of 
trespas of y^ s^ sum against y^ s'' M"" Dextor, & Captayne 
ffener & y^ s^ towne of providence, & commit to y^ Court & 
Countryes Concideration our wronges & trespases, & to y« 
Jury this Issue (to say) whether y« s^ towne of providence 
should not with us run y^ s^^ line agreed on by us for partition 
betweene y^ s'^ Rivers wanasquetucket river & patuxet River at 
an equall or even distance & equally upward into y^ Country as 
high as a place or pon called penhungganset, the moste westerly 
bounde which is aboute twelve miles from y^ moste easterly 
bound set at providence. And who hath y^ best right & truest 
title to y« s'^ land on y^ southward syde of y^ s^ line the s'* 
tenants by force or we the complaynants & demandants acord- 
ing to our proportions. 



HARRIS PAPERS. 203 

In behalf of Thomas fifield his aturny, & in my owne right 
Complaynant & demandant. 

this 15 of octob 1677,* & 29''' William Harris 

year of his Majestyes Reigne 

[Cushman Papers.] 

60 

Harris to the Court, 17 November, 1677. 

Presented to his Majestyes Honnored Courte 17 of Nove 
1677, That my petition to y^ Kings Majesty is true 

first That I & twelve more my partnors did purchas of y^ 
Indeans &c, (by M"" Williams) apears by his Immedeat puting 
us into posession, & dispozition of y^ same, & have held it to 
this day 

nor doth his takeing of it in his owne name against his owne 
(pretended) love, receipts of som of us, payments, ayd, help, & 
Company (of other of us : make it otherwise, seeing actually 
and immedeatly he did put us in equall posession of y^ same 
with himself each one with y^ like right & power to ^dispose 
therof as our : and his : then acts prove, and his conveyance 
therof to us proves still 

2ly That it was aboute 40 years since, for we have posesed 
it ever since 1637 or 38 or rather before, before ther wear any 
other English in these partes : here we wear, Rhod Island was 
purchased after we had bin setled and planted and yet theyr 
grant bears date 1637, but M"" Williams s^^ y^ Kings power cast 
him out, & s'^ he did not know whether y^ King would owne 
him, soe he tooke a date of his owne, and we seeing his dispo- 



* A similar, but shorter, declaration against the Town of Providence 
was written by Harris, 13 October, 1677 (Printed in Rider^s Hist. Tract, 
2d series, no. 4, p. 87). Staples, in quoting Harris's declaration {Annals 
of Prov. p. 583), follows the document of 15 October, and therefore makes 
no error (See Rider, p. 84). 



204 RHODE ISLAND HISTORICAL SOCIETY. 

zition we wear unwilling to strive, and his date was from his 
plantation,* not from y^ year of our lord, nor King then some- 
what like yt of y® long since pipeing ratt Catcher, followed by 
ye Children t y*^ people ther thence tooke theyr date, oures not 
being so memorable forgot 

3ly yt we injoyed y^ same in peace till a defference with 
some of Providence, none can object : nor hath, 

4ly yt yt was ended by an awarding our title of patuxet 
good, we produce y^ s^^ award for proofe 

5ly yt 3 of us (to say) of patuxet did pretend title to our land 
by other Indeans and sued me in y^ massachusets, I produce y« 
summons for proofe & though but two named yet y^ third un- 
named knowne to have moste complayned of us & moste con- 
cerned t 

& y* y« verdict and Judgment was for our true title in y^ s'^ 
land I shew y^ verdict & Judgment therupon 

61y That 3 of patuxet men did agayne put us to arbytration 
and yt y^ s"^ award aproved our title agayne, I shew y^ s*^ award 
to prove it 

7ly That 2 Arbytrators came from the massachusets & 2 
from Rhod Island, & not only soe but y^ s<^ Collonyes consented 
to an arbytration theraboute, & for proof produce theyr actes 

Sly That we remayned in quiet posession for twenty years 
after our first, Just, & peaceable posession by purchas, by right, 
by 2 awards, by 2 verdicts & Judgments which by reason and 
law is more quiet and peacable posession then if we had never 
bin sued nor our land demanded, for y* is y^ lawfullest quietest 
posession y* soe is by law, & y^ oftener quieted by law in & 
by law y« more quiet & such title y^ more quiet & peacable in 
law, for a posession y* is not from a true title may be held for 



*The " Towne Evidence" is dated "The 24th of the first Month 
Comonly called March in the second yeare of our plantation" {Prov. 
Rec, iv: 70). 

t The " Pied piper of Hamelin." 

X The reference is to his case with Arnold and Carpenter in 1650. 



HARRIS PAPERS. 205 

twenty years without demand or suit & yet be afterward de- 
manded sued & evicted by law by some persons return from 
beyound y^ sea, to sound minde &c, & by writs of formedon & 
longer, therfore we have had : quietest : posession in & by law 
longer then afores^ 

gly yt John Harrud & others his partnors fled from y« Col- 
lony of Conecticot is true & well knowne there & if any acuse 
me of Slander I will prove it here 

loly That they entered upon our land by force, we have 
record of a verdict & Judgment theron to produce to prove it 

1 1 And yt they rezisted execution y« s<^ record & theyr owne 
acts divers wayes proves, And soe my petition to y^ Kings 
Majesty true 

by me 

William Harris 

[Cushman Papers.] 



61 

Harris's Declaration Against Towers, 17 November, 

1677. 

Endorsed : — A declaration against John Towers 

To His Majestyes Honnored Courte Siting at Providence y« 
17 Nov 1677 

The declaration of William Harris, Nathaniell Waterman, 
& Thomas ffield all of providence in y^ Collony of Rhod Island 
& providence plantations &c playntiffs & demandants in an 
action of trespas of a plea of land twenty pound starling 
damage, bearing dat y^ 25 of Septem 1677, against John 
Towers of Hingham in y^ Collony of Massatusets defendant 
or tenant in law or by force, Is, that y« s«i John Towers defend- 
ant did under pretence of a grant from Indeans bearing date 
ye 17th of June 1661 of certayne lands at or aboute toskaunka- 
net within y^ towne ship of providence lying on y^ northward 



206 RHODE ISLAND HISTORICAL SOCIETY. 

syd of patuxet River & on y^ southward syd of a line y* is to 
devid betweene y^ lands of providence & y^ lands of patuxet 
y« sd lands clearly within y^ boundes of y« lands of patuxet & 
are reaching very neer (to say) aboute a quarter of a mile from 
y^ place where on y^ playntives house (to say) of william Harris 
then stood :* & before did for above twenty years & from this 
time y^ s<i lands of patuxet held peacablely & theyr rightfull 
title & posestion hath bin therin about or neer forty years 
Justefyde by two awards one of them by y^ consent of y^ Col- 
lonyes of Massachusets & Rhod Island, & by a verdict & Judg- 
ment in y^ Massachusets, & by another verdict & Judgment 
in y« Collony of Rhod Island &c, which we to y^ Court shew 
upon which our soe true title & long posestion which we hold 
by a grant from Conounicus & meantenomy both y« oldest & 
Chiefest sachems of Narraganset which we produce and shew 
of moste antients date & by a grant by M"" Roger williams 
which we shew, & by deeds of confirmation from y^ laste 
Conounicus, nenekela, Cajaniquanut, Scattap & quequaqunnuet 
gransons to y« s^ old Conounicus bearing date 1659 all before 
ye defendants pretended grantes, (from such as had noe power 
to grant) as we shew & prove, & y^ kings grant a suffitient 
grant of it self in y^ patent of Rhod Island we have to shew, 
& contrary to y« law of England y' giveth title to y^ posessor if 
not demanded by action within twenty years 21 K James & 
16, y^ s'^ defendant hath entered by force unlawfully & yet 
holds against good law, which forced us as others did, to goe to 
England to petition y^ kings Majesty for remedy haveing noe 
other way by reason of y^ factions & sydings made by such 
enterors to our great & many troubles & charge for his part to 
our damage of twenty t pound & therfore bring our action of 
trespas of twenty t pound starling, he haveing sold some of 



*The tradition in the Harris family is that his house stood near the 
south end of Blackmore pond, a little to the eastward of the brook run- 
ning from the pond, at which place could be seen well into the nineteenth 
century the relics of a former habitation and the remains of an old 
orchard. 

t This word is crossed out and " tenn " written above in another hand. 



HARRIS PAPERS. 207 

our s<^ land for thirty pound to M"" Adkinson of Boston * as he 
s'^ & some to others which forceth us to complayne & declare 
our grieveance, And make our demand of our s'^ land & com- 
mit this Issue to y^ good Country who hath y^ best & truest 
title to y^ s"^ land we y^ playntives & demandants acording to 
our proportions or they y^ defendants or tenants in law or by 
force & pray Justice in y^ case, in behalf of Thomas fifield & 
Nathaniell Waterman theyr aturny & in his owne behalf & 
right, playntive & demandant, 

William Harris 

[Cushman Papers.] 

62 

Harris's Bill Against Towers, 17 November, 1677. 

Endorsed : — Bill Cost vs John Tower 

To y^ Kings Majesty es Court siting at providence upon 
ajurnment y^ 17'^ of Novetri 1677 And then to y^ sd 
Jury 

Wheras I demand by action against John towers for trespas 
buy his pretended purchas made of our land of patuxet, at 
toskaunk & Saconaset That soe much I am damaged I make 
it thus apear (to say) ten pound 

I have bin forced for to goe twice to 

England to Implore y^ Kings Majesty 

for redres, once y^ kings order shewes 

I have bin there my expence of y* one 

viage was fifty pound five pound ther of £ s. d. 

put to John Towers damga done to me 500 



♦Probably Theodore Atkinson (1612-1701). 



208 RHODE ISLAND HISTORICAL SOCIETY. 

his part of my charg 2'', for y* his suit is 

one of five & y^ entertaynment of about 

30 gentlemen three times or three times £ s. d. 

comeing to, his part 2" 20 o o 

payde by me 3* for a coppy of his grant 

for proof of y^ his trespas 00 3 o 

for ye optayneing ther of forced to goe to 

boston GO 10 o 

for coppyes purchased for proof of our 

title 00 10 o 

for divers dayes formerly tending y^ sd 
ocation & runing & rideing after hime to 
atach him with severall persons 00 5 o 

for disparageing our title, & incorageing 
others so to doe, to our soe great per- 
plexety, & to his part of trespas which 
forced us to goe once before to England 
to petition y^ Kings Majesty for remedy 
which forced to (or lose my title to y« sd 
land) & divers other wayes Charged & by 
length of time forgott 01 12 o 

The whole 10 o o 

besyd court Charges through & by his trespas therfore his 
due to pay y* to y^ Courts order 

And to me y^ above s<^ tene pound, acording to y^' valine 
of sillver or silver to me 

William Harris 

[Cushman Papers.] 



HARRIS PAPERS. 209 

63 

Harris's Bill against Towers, 17 November, 1677. 

Endorsed : — Bill of Cost against Towers £ig : 19* : 4^^ 

William Harris & Partners Plaintiffs, their Bill of Cost in an 
Action aga' John Towers, at a Court of Comission''s held at 
Providence by Adjournm^ y^ 17* Nov 1677 



ffor serveing the Somons 

if or A journey to Boston 

ffor Wrightings 

ffor Entertaining of Court & Jury &c 

ffor Coinision'^s & Jurro'^^ Charges for 

their time, and Attendance 

ffor the marshalls fees 

ffor the Clarkes fees 

This Bill of cost amounting to Nineteene 
Pound Nineteene shilling and f oure pence, 
is Alowed by y« Court to be payd in or as 
money. 19 19 04 

Tho Hinckley Presid' 
[Cushman Papers.] 

64 

Harris's Bill against Harrud and Others, 
17 November, 1677. 

Endorsed : — Bill of Cost against John Herrod, Roger Bur- 
lingame Tho^ Relf & William Burton 17 Nov 1677. 

To his Majestyes Court siting at providenc by Adjurne- 
ment y« 17'*^ of Novein 1677 & then to y^ Jury 



£ 


s 


d 


GO 


05 


GO 


GO 


IG 


GO 


GG 


10 


GG 


05 


GO 


GO 


12 


07 


04 


00 


G2 


00 


01 


05 


GO 



210 RHODE ISLAND HISTORICAL SOCIETY. 

Shewing how one hundered & fifty pounde damag demanded by 
an action of trespas &c by us demandants against John Harrud 
Roger Burlinghame Thomas Relf & WilHam Burton tenants by 
force at y^ s'* court Ariseth, 

by charg upon one vioyage for goeing to 
England to pray a remedy against y^ s"^ 
trespasers by force, y^ s'^ Charge forty 
pounde — they therof for theyr part seven- 
teene 17 o o 

by a second vioyage to England to peti- 
tion y« Kings Majesty to grant an order 
for redres of y^ s^ wrong by theyr force 
commited at Meshuntatack fifty pound y^ 
whole vioyage, theyr parte 15 o o 

by twelve years detaynor of y^ land there 
foure thousand acres and forty loads of 
hay takeing theron to theyr use yearly for 
twelve or forteen year to gether (to say) 
four hundared & eighty load of hay at 
sixty pound, theyr payment should be at 60 o o 

for y« use of y^ s'l great quantety of land 
4000 acres by force theyr trespas to y« 
valine of forti pound in y* s'* twelve or 
fourteen year 40 o o 

for damage by an areste & imprisonment 
of me for carrying away my owne hay (to 
say) 3 or 4 monthes in prison & to my 
great vexation and sore trouble they deal- 
ing with me by y« waye unlawfully to my 
damage of 1500 

for y^ entertaynement of aboute thirty 
persons (to say) Gentlemen Court Jury 



HARRIS PAPERS. 



211 



& atendants three time to y^ s^ end y^ 
whole sum 25 pound, theyr part two 
pound 

And damage by charge of runing lines 
to try ye truth of maters ther aboute, for 
Coppyes of many writings, time ther 
about long Jurnyes, above five hundered 
miles late travell (I might say & truly 
more then twenty pounde but only set 
downe to make y^ sum but y* demanded 

The whole sum of damage done to me 

be syde Courte Courte Charges 

[Cushman Papers.] 



I 

150 



William Harris 



65 

Harris's Bill against Greene and Gorton, 
17 November, 1677. 



Endorsed 
Nov 1677 



-Bill of costs vs John Greene & Sam' Gorton 17 



To the Kings Majesty es Courte Siting by Adjurnment 
the 17* of Novem 1677 And then to y^ Jury 

Shewing how the sum of one hundered pound ariseth demanded 
by us of Captayne John Greene & M"" Samuell Gorton Junior 
and ye towne of Warwick, And the purchasors of y^ sd towne by 
our action against them at the sd Court 

ffor theyr trespas on our land at toskaun- 
kanet forced us to make a vioyage to 
England aboute fourteen years since for 
a remedy for y' by reason of interest and 
kindered here allmoste all persons here 
byased, therfore forced to petition to y^ 



212 RHODE ISLAND HISTORICAL SOCIETY. 

kings Majesty for Justice which s^ inten- 
tion frustrated by y^ kings Majesty es 
commitionors then to come but avayled 
not the s^ Charge to England forty 
pounde and at y* time y^ s'^ trespasers one 
of y« greatest partyes to great damage to 
theyr parte one of three, theyr parte ten 
pound 10 o o 

Allsoe enforced me a second vioyage for 
y6 s<^ cause theyr trespas at Toskaunkanet, 
wher they have cutt our gras aboute 
fifty or sixty loade in each year untill y^ 
war for about 14 years past as our wit- 
nes shewes which is more than five hun- 
dered load to y^ vallue of sixty pound 60 o o 

And my last vioyage to supplicate to y^ 
king for a remedy fifty pounde theyr part 
ther of fifteene pound 15 o o 

by continuall perplexetyes & Charge for 
our defence at severall courts unjustly 
damaged us — more then fifteen pounde 13 o o 

for theyr part of ten pound for y^ enter- 
tayneing aboute thirty gentlemen three 
times meeting, 02 o o 

with divers other continuall small pay- 
ments for runing lines & geting coppyes 
for proof & by length of time much for 
gott 

The whole Some 100 o o 

besyde other court Charges theyr due to pay y^ com- 
playnant Soe prayeth William Harris 

[Cushman Papers.] 



HARRIS PAPERS. 213 

66 

Harris's Bill against Calverly and Others, 
17 November, 1677. 

To y^ Kings Majesty es Court siting by ajurnement 17th 
of Novem 1677 

And then to y« Jury 



Shewing how y^ sum of 100'' ariseth, by 

one vioyage to England to Implore y^ ;^ s d 

Kings yt Charg 40'' theyr part 10 o o 

a second vioyage to pray a remedy of y^ 
King for our wrongs, 50^' y^ whole, theyr 
partes 15 o 

for detayneing with y* rest our lands 4000 
acres of land & medowes for 12 or 14 
years and rayesed & kept great stockes 
of cattell for theyr parts 30 o o 

for great Charg all y^ time at Courts 

here & aboute Arbytrations 30 o o 

for Charges about optayneing writings 

to this Court 10 o 

for theyr ocation of most Charg not 
yeelding to y^ speedyest ending caused 
me much paynes & cost 100 

for an Iron grapnell aboute the sd oca- 
tion by them ocationed & by me payd for 
to Christopher holder I think it was 13^ 
mony price 13 o 



214 



RHODE ISLAND HISTORICAL SOCIETY. 



by an arest & Imprisonment, & great 
vexations upon y« way threattening me 
to thresh me takeing me themselves 
under pretence of a writ & kept me by 
watch day & night & Charged me with a 
great some for y« sam & kept me in 
prison till y^ then next court & then 
brought nothing against 

for theyr parte of my Charg to enter- 
taynement of this court aboute 

for summoning 20^ 

with divers other things for gott but I 
demand but 100'' in silver — the whol 
sum 

they paying charge of y« Courte 
[Harris Papers, p. 109.] 



o o 

o o 



10 

6 
I 

100 o 
by William Harris 



67 

Williams, Dexter and Fenner to the Court, 
ly November, 1677. 

Endorsed : — To the Honourable Court sitting by virtue of 
his Majesty's order now in Providence from R. Williams 
Gregory Dexter Arthur Fenner 1677 

We whose names are under-writen in this juncture of time 
cannot forbear but declare to you those things which live 
pressing upon our minds having respect to the honour of the 
king and the Governors of the 4 colonies, honour and the 
safty of yourselves. Therefore present this to your considera- 
tion viz. for as much as in the order given by the king at 



HARRIS PAPERS. 215 

Hampton Court the 4th day of August 1675, Thus it is said, 
Whereas our subject William Harris planter, in the colony of 
Rhode-Island did by his humble petition set forth, that he and 
twelve others his partners near forty years since, purchased 
from certain Indians a parcel of land called Pawtuxet. And 
now the said William Harris declareth that they bought Paw- 
tuxet of Mr. Williams, who is no Indian, also William Harris 
further saith that Pawtuxet was given unto Mr. Williams and 
they gave him £20 starling, and said it was not bought but 
given. 

More things we have to present, if we be not barred from 
appearing to answer to his declaration against us. 

Make use of these at your pleasure till more comes. 

By us who desire no more favour than justice will allow us. 

Providence 17th of November 1677. 

Roger Williams 
Gregory Dexter 
Arthur Fenner.* 
True copy compared by me on this 3rd day of 7th month (July) 

1833 

Moses B. Lock wood. 

Another copy is marked : — " A true copy of the original in the 
handwriting of Roger Williams now in the possession of Mrs. 
Z. Allen, as compared and examined by Zachariah Allen." 
June 16, 1858. 

68 

Williams, Dexter and Fenner to the Court, 
17 November, 1677. 

Endorsed : — Our Answer to William Harris his Declaration. 

To the Kings Majesties Honoured Court, sitting by 



*0n 27 October, 1677, the town of Providence had chosen three men to 
answer the complaint of Harris {Prov. Hec, viii: 21). 



216 RHODE ISLAND HISTORICAL SOCIETY. 

vertue of his Majesties Order, bearing date at Hampton 
Court, the 4*'' of August 1675, and 27*^ yeare of his Majes- 
ties Reigne, for the hearing & determining differences, as 
to Pawtuxit at Providence, in the Colony of Road Island 
& Providence Plantations, &c the 17*^ of November next. 

The Answer of Arthur ffeher & Gregory Dexter, to the 
Declaration of Thomas ffield & William Harris of Pawtuxet & 
Providence, In the said Colony complaynants & demandants, 
in an action of trespasse ; tenants by force (as they say) as 
also against the town of Providence, bearing date the 13*'* of 
October 1677. 

Now let us crave your patience to premise two things to this 
Honoured Court & Countrey. ffirst, that you take notice, 
that we are constrayned here to appeare and give answer, w* is 
contrary to the graine of o"^ minds, being desirous to be at 
quiet, and to follow o"" own busines, being fired out of o"" 
houses,* as well as others, & are preparing for winter, & to 
have nothing to do with this Asembly : And to attain quietnes, 
one of us have moved to William Harris twice, & to Thomas 
Field once, to withdraw their action, but no prevailing. 
The second is this, to take up the words of o"" Town, in 
Answer to William Harris his Bill, which he lately presented 
to them viz. That it is Lamentable to us to behold your work, 
and to see the way that you yet do prosecute (as appears by 
your writing) in this day of the Lords great judgements, that 
have bin, & yet are, in some of these parts of the world ; & 
now to trouble us ! & all the Colonyes about us. But seeing 
that the said judgements do not yet deterre you from striving 
so vehemently about Lands ! Lands ! nor for damage about 
differences, & to lay the damage at our dore, &c. 
And Thus next to o"^ Answer multum in parvo. We shal 
begin with the words of a wise King, He that is first in his 
own Cause seemeth just : but his neighbour cometh & search- 



*Doubtless a figurative reference to the burning of Providence by the 
Indians. 



HARRIS PAPERS. 217 

eth him.* The Complaynants & demandants say that m"" 
Dexter & Captain ffeiier have bin very active, leading instru- 
ments to carry on a difference, with divers '^sons, after comers, 
of the said Town of Providence, under the name of the said 
Town. Answer that when WilHam Harris in Governour 
Brentons time strove against this town, the Generall assembly 
j[usti]fyed them, & owned their choice of deputies. The next 
that is worth taking notice of is. These coiriplainants and de- 
mandants say, underhand another designe, for by pretence of 
Providence little old bounds (much stood upon) wherein Gregory 
Dexter could not in his understanding against jurisdiction by 
the same claime his land his due, would by force if he could, 
overthrow that Title for a worse (but bigger) think with a 
multitude of trespassers, by force, to inforce their way, as by 
their papers & acts we shal prove, & not only so with his party 
of Providence, but with another party of Road-Iland in a 
parcel of Land 13 mile square, bounded by Providence line, 
w^h if he could make his matters take by his multitude to 
diminish or nul Providence, Pawtuxit & Warwicke intangled 
to him by jurisdiction then with his party of Road-Iland with 
him, who have some sway in Courts, may place his 13 mile 
square (to say) as much of it, as can be contained on the dim- 
minution of Providence & Pawtuxet, for by the name of the 
line of Providence, Pawtuxet is bounded so is his 13 miles, so 
that to come to the line, must lay their land, on Pawtuxet Land, 
& lack [room] must have Providence, & more, & so bury Paw- 
tuxet, not then thinking of any other Court or Jury, but some 
of their, or his Party, should be in it, to help at a dead lifit, 
neare hand. Answer If this were true, then Gregory Dexter, 
would appeare to all men that heares hereof [to] be a covetous 
man after Land and vile : But this is not true, for it is a 

notorious Slander, & he or they that uttereth slanders, is a 

what he is I leave to the Court to Judge, for I have neither 
directly, nor indirectly any part in that 13 miles of land, & now 



* Proverbs xvii: 18. The revised version reads : "He that pleadeth his 
cause first seemeth just." 



218 RHODE ISLAND HISTORICAL SOCIETY. 

where are the Company of trespassers whereof these men 
speak, by force to inforce their way, but as the man is, so is 
his strength. And now to that, not thinking of any other 
Court or Jury, but some of his or their party should be in it, to 
help at a dead lift, neare hand. Answer the first part of this 
is true, I did not think of any other Court or Jury, about Paw- 
tuxet, because William Harris promised to put his matter con- 
traverted to arbitration with Shantatuck men, & if he had not 
broke his ingagement, I suppose no Court nor Jury now would 
have had need to have bin. And againe he [sayeth Gregory 
Dexter could not claim] his Land his due & hath rendred his 
reason, w^^ afore [I have said is false, that is not mine. But I 
will tell you the truth (for no man knoweth the things of a 
man save the Spirit of a man that is in him) viz : because I fear 
least that saying come on me which is written, as a partridge 
that setteth on her eggs & hatcheth them not, so he that get- 
teth good (or land) and not by right, shall leave them in the 
midst of his days & dye a fool.*] 

ffurthermore they say their title standeth upon great Rocks, & 
argues largly. We answer your building is so high of 12 miles 
as you say, & others say tis 20 that we dare not climb up with 
you, least we fal, and split upon that Rock of Eliz : 5 chap- 
ter! against fraudulent procurers of deeds & their acces- 
sories, see the Law. moreover they say it is just we 
should have c right, & the said Gregory Dexter & Captain 
fferier, & they that called themselves the Town should pay the 
damage, they have done, as in keeping us out of o"" known 
rights, so long, & forcing us to go to England, to pray a 
remedy, with their many more troubles & charges then here 



*Jeremiah, xvii : 11. Verbal variations from the King James' version 
imply quotation from memory. 

t J Eh'z. ix : "What punishments shall be inflicted upon persons who 
commit wilful perjury." Against this act, is his copy of the Statutes^ 
Harris wrote: " 17 Charles ye, i, & loth st ye star chamber put downs 
& all courts exercising like Jurisdiction." 



HARRIS PAPERS. 219 

resited, nor can at present be remembred, to great disturb- 
ance, of neighbourly, & publike peace, & against good Law &c. 
We answer we have before cited how they who called as he 
(saith themselves the town was owned the Town by a Generall 
Asembly, & Arther ffeiier was also prosecuted by William 
Harris at a General Asembly, & he acquitted by his peeres in 
Governour Brentons day, & Gregory Dexter also was Indicted 
by William Harris upon the same accompt at Governour 
Arnolds time, & the Indictment quashed, & for he or they 
thus to slur both Town & "^sons &c, what shal we say, but he 
that loveth strife loveth transgression. But they say they 
were forced to go to England to pray a remedy. Answer 
your remedy which you have got we know, viz. to have y 
rights at Pawtuxit given you according to Justice, w^h Paw- 
tuxet you set forth to the king in Councel, w^^^ you and your 12 
partners bought about 40 yeares since w^'' Pawtuxet we know 
not that you so bought, but when we know it we shal answer, 
but as for that Pawtuxet w^'' was given to o'' loving neighbour 
Williams, we know, we nor the Town hath not withheld from 
you, but have run a line or partion according to the arbitration 
or Combination, &c. therfore to pray a remedy for this, you 
needed not, & so you have no cause to call for damage at o"" 
or the Towns dore. Againe they say their known rights, 
we Answer, we know that you would have as you say to pil- 
hunset pond to be accounted y^ but if thither or further be 
honestly bought, then we say the Town hath of right equal 
share with you, in all that Land w^^ is not Pawtuxet : but to 
run a line of partition upon your foundatio you speak of, or 
other grounds w^^ we are not ignorant of, we say we dare not 
for the reason aforesaid, unles you can prevaile with our neigh- 
bours in a better way than you take, even to ^swade them of 
Warwick Town to lay down their purchasse your 2 partners 
theirs, Stephen Arnold his, Shantatuck theirs, &c at the South, 
& "^swade o^ neighbour Colony of the Massachusets at the 
north, to let o"" Town and the men of Pawtuxet have about 8 
miles into their Patent, & Mendon Towns Land on the west side 
of that River, & ^swade also Billins to Lay down his Land, & 



220 RHODE ISLAND HISTORICAL SOCIETV. 

Inmans* his, then, & not till then will it be faire to talk of such 
a "^tition to the men of Pawtuxet, w^h when that is, we do not 
think to live to see. Notwithstanding we are willing to referre 
this issue, to the Jury viz. whether that Land, from the Salt 
water to the East of Pawtuxet reaching unto the pond called Pen- 
hungasset w^^ he saith is 12 miles west, (and others say 20) be 
Pawtuxet that he declared to the King in Councel, w^^ he & 
his 12 partners bought of divers Indians about 40yeares since, 
wch if he can prove, then we will confes his Action just, 
against us &c. but if he cahot prove that, then we desire dis- 
mission, & aford us in Justice, for this molestation as you please 
In the behalfe of o"" selves Arthur ffeher & Gregory Dexter, 
& so in the behalfe [of the town of Providence this 17*'^ of the 
9'h Mo. called November 1677. 

Gregory Dexter 
Arthur Fenner 

I subscribe to the premises so far as concerns the town for 
whom I was chosen one to Answer 



Roger Williams]! 



[Cushman Papers.] 



69 

CaLVERLEY TO THE CoURT, I7 NOVEMBER, 1677. 

Endorsed : — The defend'^ Answer 



*Edward Inman, in 1666 and 1669, had purchased two large tracts of 
land between the Woonasquatucket and Blackstone Rivers in what is now 
North Smithfield. (See F. A. Arnold "The Inman Purchase" in Narr. 
Hist. Register., vi : 49-92.) 

tThe lower part of the original MS. is cut off. A note on the margin 
in Moses Brown's writing reads — "Dated 17. 9th Mo called November 
1677 Taken off for Sprge of Albany to preserve the handwriting." 

The lost parts here and on the previous page are supplied from a copy 
made by Moses Brown and are so indicated by brackets. 



HARRIS PAPERS. 221 

Providence, in y^ Collony of Road iland, &c, y<= 17*** of 
november 1677 

To ye honored Cort of Comitioners, Chosen & Apointed, by 
his Majesties Spetiall Comand, to heare & determine, in a 
Cause or Causes, hearin depending, betwixt Nathaniel! Water- 
man Thomas feild, & william harris. All of pautuxett : & 
providence, in sd Colony plantiffs, or demandants, in a plea of 
Land (As they say) Against John Harrud, Roger burlingam, 
Thomas Relfe, Edmund Calverley, William Burton, James 
Sweet, John Sweet & others defendants Against whome y^ 
plaintif s by ther Atorney, William harris, hath in their declara- 
tion Charged y^ defendants with sundry Crimes & innormities, 
done by y^ defendants, on y^ 13*'^ or 14"^, of may 1663 At a place 
called meshantetack, within y^ bounds of pautuxett &c, in sd 
Collony y« plantiffs in ther sd declaration in '^ticular Charge 
ye defendants, ffor unlawful! '^chasinge, ye plaintiffs lands, to 
the nomber of fower thousand Ackers of Land, Lying in sd 
mashantetake in pautuxet bounds affores'^, and y* y^ defendants 
have entred by force into y^ sd lands, And still doe hould 
them, by force &c unto All which Charges, & demands of y^ 
plantiffs, in ther said declaration. The Deffendants doe Reply 
And say. 

That ye sd plantiffs have noe Lawful! tytle unto y^ Lands 
off sd mashantetacke, or mashantetate, in y^ sd Collony, nor 
doe ye sd lands Lye within y^ bounds of pautuxett "^chased by 
William harris & twelve moor of his "^tners, about forty yeares 
[since] as is ffalsly surmised, to y^ kings majestic, by ye sd Com- 
plainants or demandants William harris &c. But ye sd deffend- 
ants doe say, y^ they have Lawfully '^chased, by order of sd 
Collony cort 4000 Acers off land, being in or About s^^ 
mashantetate &c in sd Collony, of ye trew owners theroff, 
And peaceably entred therinto & doe hould their right of 
Claime ther unto, to be Lawful! Just and good, without ffraud 
or deceipt, notwithstanding ye great molestations y' ye s^ wil- 
liam harris & '^tners, hath brought upon ye deffendants & s^ 
■^tners for ye space of thirteen or fowerteen yeers past, to ther 



222 RHODE ISLAND HISTORICAL SOCIETY. 

great Cost & damage therfore y^ deffendants pray, to be dismist 
with good Cost for ther unjust mollestation And plead not 
guilty. 

Edmund Calverley Atorney 
[Cushman Papers.] 



70 

Proceedings of Court, 17-24 November, 1677. 

Att A Court of Comition''s held at Evidence upon 
adjurnm* from y^ 3^ Oct^ 1677 unto the 17^^ Nov yy By 
his Majt'^® Royall Comand for y^ heareing of m"^ William 
Harris & partnors Complaynts against Sundry parsons for 
forceable Entry upon there Lands (as he saith) at or about 
pawtuxet : 

from Plymouth Thomas Hinckly Esqu"" : Chosen Prese- 

dent 
Major James Cudworth Esqu"": Comition"" 

from Boston M"^ Symon Lyne Comition"^ 

Capt Dainell Hinchman : Comiti"" 

from Conneticute Capt Georg Denison Comiti"^ 
M^ Dan" Wetherrell Comitio-- 

from Rhoad Island M*^ John Coggeshall Comitio"" 
Peleg Sanford Comitio'' 

Returned for Jurymen from Boston 

Corperrall William Bond 
M"^ Peter Woodward Jun' 
M'' Samuell Gyle 
M"" Samuell Bulling 

ffrom Plymouth Leif' John Browne : Challenged of 

M"" John Alline 

M"" John Pecke challenged of 
M"- Gilburt Brooke 



HARRIS PAPERS. 



223 



ffrom Conneticute 



ffrom Road Island 



Juriors allowed 



M"" Amos Richinson : challenged of 
Leift Benj. Bruster 
M"" James ffitch 
M'' John Edgcombe 

M"" William Brinley 

Ensigne John Crandall : challenged of 

Serj' John Stanton 

M-- William Haffernan* 

Henry Harwood Marshall protempory 

Corperall William Bond foreman 

M*" peter Woodward Jun"" 

M'' Samuell Gyle 

M-" Samuell Bulling 

M"- John Alline 

M-" Gilburt Brooke 

Leif' Benj Bruster 

M"" James ffitch 

M"" John Edgcombe 

M'' William Brinley 

Serjt John Stanton 

M'' William Haffernan 



You doe Sweare you will well and truly try the Issue Betwixt 
party and partyes according to Evidence Soe helpe you God : 

This Court is adjurned untill Monday Next : at Eight a Clocke 
in the Morning 

M"" William Harris, Thomas ffeild and Nathaniell Waterman 
of providence and pawtuxet : plantives and Complaynants in 
an action of Tresspas, of a plea of Lands of and att Said paw- 



*The jurors not previously mentioned were Bruster or Brewster, of 
New London ; James Fitch, Jr., of Lebanon or Canterbury, a nephew of 
Hill; Edgecomb, of New London; Stanton, of New York; Heffernan, 
of Newport and Pettaquamscutt. Harwood was of Boston, and Casco, 
Maine. 



224 RHODE ISLAND HISTORICAL SOCIETY. 

tuxet &c : against John Towers of Hingam defend* as by the 
somons dated Septem^ 25* day 1677 damage tenn pownds 
sterling 

In the Case Betweene William Harris, Tho : ffeild and 
Natha : Watterman plantives and Jn" Tower defendant Wee 
finde for the plantives true tittle of Land thare shares thareof 
and thirty shillings damage to bee paid in mony and Cost of 
Court : 
The Court accepts the virdect : 

Thomas ffeild and William Harris Complaynants and 
demand** in a plea of Lands against the towne of Warwicke 
and the purchasers of the said Land Called Warwicke and 
Cap* John Greene and M"" Samuell Gorton Ju' Both of the 
towne Councill of the towne of Warwicke tennants by force as 
By the soirions dated y^ 15: Octo"^ 1677. damage one Hun- 
dred pownds sterleing 

Virdict is : Wee finde for the plantives trew tittle of Land 
thare shares thereof and twenty pownds dairiage to bee paid 
in mony and Cost of Court : The Court accepts the virdict 

Thomas ffeild and William Harris Complaynants and demand*^ 
in a plea of Lands at pawtuxet against M"" Gregory Dextor : 
Capt Arther ffenner and the towne of Providence, tennants by 
force, In not Runing an Equall Lyne Betweene pawtuxet River 
and Wenasquetuckett River : as by the somons dated the 1 5 
October 1677 damage tenn pownds sterlinge 
Virdict is. Wee finde for the plantives two pownds in mony 
damage and Cost of Court and alsoe that the said defend- 
ants R[un the afore]said Line Equally Betweene pawtuxet 
River [and] Wenasquetucket River till they meet with a 
thwart Line from the head of Wenasquetuckett River 
directly Runing to pawtuxet River : The Court accepts 
the virdict 

Thomas ffeild Nathaniell Watterman and William Harris all of 
pawtuxet & providence &c Complaynants & demand*^ in a plea 



HARRIS PAPERS. 225 

of Lands at Said Pawtuxet, Against John Harrud Rogger Bur- 
lingham and Thomas Relfe tennants by force as by the sornons 
dated y^ 15 October 1677 daiiiage one hundred and fifty pownds 
sterhng 

Virdict is, Wee finde for the plantives true title of Land 
thare shares thereof and thirty pownds damage to Bee 
paid in mony and Cost of Court. The Court accepts the 
virdict 

Nathaniel! Watterman Thomas ffeild and William Harris 
Complaynants & demandants in a plea of Lands at pawtuxet, 
against Edmund Calverly tennants By force as By the soirions 
dated the 15 October 1677 daihage one hundred pownds 
starling 

Virdict is Wee finde for the plantives true title of Land thare 
shares thereof and five pownds dairiage to bee paid in mony 
and Cost of Courte The Courte accepts the virdict as to 
the title of the Land, it being Comprehended in the plan- 
tives action against John Harrud, Roger Burlingham and 
Thomas Relfe &c and tharefore the dafhage and Cost of 
Court Wee see Cause at pi'sent to susspend untill further 
Consideration* 

Att a Court of Comition''s held at '^idence in the Collony 
of Rhoad Island and 'Evidence plantations &c By adjurn- 
ment y^ 17 Novem"" 1677 by his Majties Spetiall Comand 

To M"^ Thomas Olney and M"" John Whipple Assistants of the 
Towne of 'Evidence Greeting &c. You are in his Maj^'^^ Name 
Requested & Impowered to order Comand & See Geo : Way 
towne Serjent of '^idence give possession unto M'' William 
Harris, Tho ffeild & Nathaniell Watterman of the Lands on 
the south side of the pertion Lyne that shall bee Run Betweene 
y^ Rivers of pawtuxet & Wenasquetucket according to the 



* The order of the Court requiring Providence to run a dividing line 
between the Woonasquatucket and Pawtuxet is here omitted, since it is 
printed in Prov. Rec, xv: 174. The order to Way is also omitted, being 
printed below (No. 73) from the original document. 



226 RHODE ISLAND HISTORICAL SOCIETY. 

Reale and true intent of an order Granted forth unto him from 
this Court Beareing date y^ 24^^ Nov 1677 Requiering him the 
said Geo Way thereunto : 

Given under our hands y« 24**^ Nov: 1677 

Symon Lyne Thomas Hinckley president 

D Hinchman James Cudworth 

Georg Dennison Peleg Sanford 

Daniell Wetherrell John Coggeshall 

[On another paper, apparently a copy or draft of the foregoing, is the 
additional paragraph which follows :] 

At his Mat'^^ Court at Providence held "^ adjournm* the 
17th November 1677. 

Capt Peleg Sandford is Requested and hereby Impowered to 
appoint some meet Person as a Clarke. To Transcribe and 
write into a Booke ; the severall Pappers declarations sumons 
Evidences and writings ; of the five severall accons heard 
Determined and Judgements thereof passed by this aforesaid 
Court (comitted to his custody) ; and to administer oath to the 
said Clarke for the fidellitie of his dutie ; and that the said 
Cap* Sandford Returne the said Booke and Records as afore- 
said, unto this Court the 23*^^ day of May next to be held at 
Boston ; To w^ Time & place this Court is adjourned. 

[Cushman Papers.] 



71 

Deposition of Field and Steere, 19 November, 1677. 

Endorsed by Harris : — The testamony of John Steer & 
Zacary ffield proveing y* wanasquetucket River runs up into y^ 
Country twelve or 14 mile 

Zachary ffeild of the Towne of providence being Engaged 
acording to law testifieth as ffolloweth, that the head of the 



HARRIS PAPERS. 227 

river called Wanassquatuckett River, is aboute twelve or 
fowerteene miles from the hill Called fox his hill : in disstance 
westwardly from the sayd hill or neere there aboute,* this 
this deponant sayth is truth and further sayth not, 

Taken upon oath this : 19''' day 
of November 1677 before me 
John Whipple Junr Assistante. 

John Stere of the Towne of Providence being Engaged acor- 
ing to law testifieth in all resspects to the Truth of the above- 
sd tesstemony of the sd Zachary ffeild. 

Taken upon oath this 19^' : day 
of November : 1677 : before me 
John Whipple Junr Assistant : 

[Cushman Papers.] 



72 

Dexter and Fenner to the Court, 22 November, 1677. 

Endorsed : — Arthur Fenners reasons why the Town of 
Providence should not pay the damage demanded by Wm 
Harris — 22^ Nov 1677. 

Reasons why y^ towne of providence should not pay any 
damage to William Harris presented to y^ Court and jury 
this 22**' of y^ g^^ month 1677. by adjournment 

[ffirst] this towne hath not bin sued at all by a writt of partion 
[B]ut for him to goe to England, as he saith to pray a reamidy 
to y^ king [in] Councill for 10'' damage, & thus to Trouble this 
coonttrey [alsoe be]fore he hath sued here, Lett y' be con- 
sidered. 



*See Olney's and Hawkins' testimony under date of 21 October, 167c 

(No. 33, p. I02.) 



228 RHODE ISLAND HISTORICAL SOCIETY. 

[The] second is, That he would have partition betwixt [two] 
Rivers, but knows not to what branch of thre[e confessing he] 
never did see them Therefore why we should be [damified by 
wa]lking y^ wildernesse with him, judge ye. 
[More] reasons we have but we will not [adde nore to y""" heavy 
Load of ye] sittings 

Gregory Dexter Arth[er ffenner] 

In the behalfe of our selves & so for the Town 

[Cushman Papers. The words in brackets are supplied 
from a transcript evidently made before the document came 
into its present mutilated condition.] 



73 

Court's Warrant to Way, 24 November, 1677. 

Endorsed : — Georg Wayes retorn of his warrant. 

Att a Court of Commitioners held at Providence in the 
Collony of Rhoad Island & Providence Plantations &c : 
by adjurnment the 17: Novemb^ 1677 By his Maj^'^^ 
Spetiall Command &c 

To George Way Towne Serjent of the said towne of Provi- 
dence Greetinge &c. 

You are in his Maj^'^s Name hereby Requiered, and strictly 
Commanded : after those men that shall bee deputed by the 
Said towne of Providence : hav Runn the thwart Line from 
the head of Wenasquetucket River to Pawtuxet River : and 
the Lyne of devition, Betweene the afore Said Rivers of Paw- 
tuxet and Wenasquetucket according to the virdicts of Jury, 
and Judgments of Court thereon &c : forthwith [to deliver 
po]ssition of [the] Lands Lying on the South side of the said 
Lyne of pertition, that Runns Betweene the Rivers of Paw- 



HARRIS PAPERS. 229 

tuxet and Wenesquetucket, unto m"^ William Harris, m"^ 
Thomas ffeild, and m"" Nathaniell Waterman all of Pawtuxet, 
and Providence, to be possesed by them according to theire 
Respective parts and shares thereof you are alsoe Requiered to 
make a true Returne of your proseeds herein, unto some one of 
the Commition''s of the Said Court hereof fayle not as you 
will answere the Contrary : 

Given under our hands the 24*^ day of November : 1677^ 

Simon Lynde Tho Hinckley P'^sid' 

D Henchman James : Cudworth 

George Denison Peleg Sanford 

Daniell Wetherell John Coggeshall 

This warrant was retornd by y« said Georg Way to y^ Court 
of Comission''s sitting by Adjournment at Providenc on y^ i8 
June 1678 declaring that he had not executed y« same because 
they had not agreed to "^fect y« running of the foresaid lines* 

Tho Hinckley P>-sid' 
[Cushman Papers.] 

74 

Harris to Town of Providence, 6 April, 1678. 

Endorsed by Harris : — my bill to y^ Towne y* we wear Redy 
to commit y« Judging & Settelling of y^ head of wanasque- 
tucket River to such as we should Chuese equally but the s'^ 
towne refuseth 

Whereas his Majesty es Court y* sate y« : 17"' : of november 
last, And upon y^ Verdict given by y^ Jury in a Demaund 
betweene some of pautuxett ; and others of y^ Towne of provi- 
dence, that to ye head of wanasquetucket River, a line of 
Devition should be run. And Considering y^ those of pautuxett 



* This return is in Hinckley's handwriting. 



230 RHODE ISLAND HISTORICAL SOCIETY. 

y* desired it need not be required to doe it, but those y* oposed 
it, (: after theire title to it of pautuxett proved to y« Jury) (and 
theire verdict upon it) Therefore y« s^ Court required those 
of providence to doe it,* yet y^ s*^ Court intending y' both 
partys should Joyntly agree as y^ s<^ Court spake, but for y* y^ s"* 
Towne of Providence (Excepting some persons) doth not at all 
incline any meanes of Joynt Agreement thereabout with us, 
demaundants, but Continue still theire former detainer of a part 
of our Just Right, still intending to perplexe us and trouble y« 
sd Court and Country, our Intention of prevention of all which 
is as followeth (to say) we are ready to Joyne with our Adver- 
sareys of Providence to gett a Surveior or two Joyntly to put 
our power into their hands to fix y^ place for y^ head of y^ sd 
wanasquetuckett River, to run and Agree y^ thwart or right 
line, and y^ midle line of Devition betweene us &c : and what 
y^ sd seveyors doe therein or thereabout wee will abide by and 
Acknowledge in y^ sd Court openly. 

And that it may further yet apeare, y* we doe not desire to 
trouble y^ Court nor Country about y« other part of y^ Issue 
put in tryall above y^ head of y^ sayd River as high as pen- 
hungganset whether we have not y« best Right according to 
our proportions in y^ quarter part of y^ whole, wee are also will- 
ing to reffer to y^ sd surveior or surveyors as aforsayd — But if y« 
sd Towne refuse our sd peaceable offer, or returne us a Contrary 
Answer or none, then wee will procecute our sd Issue put to y^ sd 
Jury at y^'sd Court as y« law Alows and requires as we shall prove. 
To y^ sd Towne mett this : 6* of Aprill :t 1678 : In behalfe of 
Thomas ffeild and myselfe of pautuxett 

William Harris : 



*On 24 December, 1677, the Providence Town meeting had appointed 
Arthur Fenner, Stephen Arnold and William Hopkins as a committee 
" to take a veiw of wannassquatuket river, and where the head of the sayd 
River is that soe the line may be runn acording to the verdict of ye Jury" 
(_Prov. Rec.,\\i\: 21). 

t At the town meeting on this date, it was voted to refer the " Bill pre- 
sented by William Harris " to the next quarter meeting. {Prov. Rec.,\\n : 
26.) 



HARRIS PAPERS. 281 

A True Coppie of a Bill Exhibeted to our Towne according to 
y« date before s^, Coppied May y«: 20*: 1678 as Attest John 
Whipple Jun"" Gierke : 

[Cushman Papers.] 



75 

Harris to Hinckley, 15 April, 1678. 

Addressed by Harris : — To the Worshipfull Thomas Hinck- 
ley Esquire at his House in Bastable 

Worshipfull S"" with y« Rest of the Kinges Majestyes Com- 
mitionors, My humble petition is That y^ would be pleased to 
Concider The sore & weary travells. Great Encombarance & 
Gharge by many wrongfull molestations opretions & hinder- 
ances by many persons for a long time And yet our cause by 
y^ good providence of God The Justice of y^ Gourt & Gountry 
hath hitherto apeared Just, yet never y« les our Adversary es 
are not satisfyde but continew restles & as Implakable as ever 
& insinuate threates of great danger. And some of our adver- 
saryes of John Harrudes party have of late since verdict & 
Judgment for our title & against them fetched of some hay y* 
stood upon y^ s<^ land And lately came to burne y^ woodes ther 
to defend y^ fences ther calling them theyres by all which & 
much more theyr sending to England* or pretending soe to doe 
shewes more fully theyr dispozitions as I have sd & to my Gost 
moste certaynly found to be restlesly troublesome. And as to 
y^ men of providence (our adversaryes) they are as far from 
any peacable Agreement as ever they wear derydeing & con- 
demning y« verdict & Judgment against them, M"" Williams in 
theyr owne towne meeting saying that y^ Gourt & Gountry in 



* The town of Warwick, on 29 November, 1677, had appointed Holden 
and Greene to proceed to England to protest the verdict (Arnold, //isio?y 
of R. /., i : 434). 



232 RHODE ISLAND HISTORICAL SOCIETY. 

ye said case had done unjustly. And Captayne ffenner sd The 
Judgment contradicted y« verdict, And concidering that noe 
Clemency nor forbearance betters them nor puts them to any 
new concideration to reformation It seemeth not A mean to 
reform them but rather rayseth theyr transported proude pation 
by pryde to deryde as afore s<* & too much more to recite And 
for that they say the Judgment contradicts y^ verdict And for 
y' y« legallety of both Is not only y« Honnor & safty of y^ 
Courte but our safty allsoe, And for y* by y« law of England it 
is in ye power of y^ Court to amend any misprision of a Clerk 
(if any be) &c while y^ case is depending in Court both before 
& after Judgment as in y^ 9 H 5, 4 & y^ s<i statute made per- 
petuall ye 4 H 6, 3* not doubting but your worships know it, 
but I mention y^ s^^ y* our reasons of our requests may therby 
be understood &c why I pray ye s^ Jury rnay againe be Called 
who may better shew theyr true intent then Captayne ffenner 
by which his s^ aspertion he would seem to bring ye Court 
under ye penalty of ye 8 R 2, 4! for Chainging a verdict. And 
Concidering y' ye sd Jury had Commited to them an Issue 
Joyned grounded upon two other partes of our grantes to which 
thoughe ye sd Jury wear sworne as to ye rest yet by reason of 
remote dwelling & ye winter Season wear prevented from give- 
ing any verdict therupon, for want of which we are without 
remedy deprived of our rightes by our insulting & ungratfull 
adversaryes to whom we have granted too much all redy I 
pray Justice to defend ye rest. And if it soe be y' ye Jury wear 
dismised yet I pray ye Court agayne to require them And our 
farther reason is from ye 13 Ed i, 25,$ by which statute in a 
suit wher ther hath bin verdict & Judgment yet if he y* had 
Judgment agaynst him can produce record or rolles y' might 



*" Justices in certain cases may amend their Records." 

t " The penalty if a Judge or Clerk make any false Entry, raze a Roll, 
or change a verdict . . . Fine and ransom at the King's will." 

} The statute of the assize of novel dtsseisiti, by which a defendant who 
had had judgment rendered against him could obtain a writ of venire 
facias de novo upon presentation of new "record or rolles." 



HARRIS PAPERS. 233 

have stood him insted or avayled him (in y^ Judgment of y^ 
Court) before Judgment pased agaynst him by y*^ sd law y^ sd 
Court shall agayne require y^ sd Jury and y«= party es And y« 
sd Jury is to pas upon y« sd papers or rolles, whenc I reson 
thus If y^ Judges may require a Jury & y^ same Jury to pas in 
a case between y^ same persons wher a verdict & Judgment by 
y^ same Court & Jury hath found & Judged How much rather 
may this Court agayne call y^ same Jury to pas upon an Issue 
then Joyned to which then sworne but for y' time prevented & 
not yet accomplished Require them to apear & give in theyr 
verdict therupon & require y« apearance of both partyes. my 
encombrances are very many & only ayded by Gods Assistance 
agaynst my many adversaryes with many perplexetyes 
They of Warwick lately Arested me And my partnor Thomas 
ffield in an action upon a bond of five hundered pound to this 
Collony Court y^ sixt of may next y^ sd bond being obtruded 
upon his uncle (since ded) & me A menased worthies thing to 
stand to y^ verdict of y« Jury and Judgment of y^ Court as we 
did the sd action was only of trespas by us commenced 
against Warwick which sd arest of Thomas ffield hath put him 
into a troublesome pation acording to his humor to encreace of 
my encomberance I am in y^ Custody of y^ Goaler but aboute 
my urgent ocations upon my owne bond to him to returne to 
him to be at y« Court, They of Warwick say we have forfeited 
y<= s*^ bond for sueing to y^ king & in his Court but our action 
then was only trespas for gras &c but they pretend by our 
bond y^ we might never sue more for our land, but y^ law of 
England f orb ides any to deny suit in y^ kings higher courtes 
If our action then had bin a demand of land which was not 
And as y*^ bond by theyr adherentes was obtruded soe it is 
simple Hke y^ obtrution it names noe party nor person to 
whome bounde & therfore they in theyr writ doe not say for 
debt to them nor noe other & indeed therby we are bound to 
noe body, & we did abyde y^ verdict & Judgment but If we had 
not execution had bin law but y^ bond contrary & to y^ law of 
England yet we are perplexed by them as we use to be, other 
slightes they have used to keep of execution one of them 



234 RHODE ISLAND HISTORICAL SOCIETY. 

came to me & s'* If I would keep of execution they would call 
back theyr Agents y* are gon to new york to goe to England 
but I sayd to them let them goe I would not forbear executi5 
We have Information that Warwick agents thus predict That 
they will shew y« King that they wear Judged by incompetent 
Judges of y« united Collonyes who formerly plundered them of 
which wrong say they will now complayne And y' they soe 
intend : they have soe sd, And Dextor hath bin very active 
to get them some witnesses I knew not to what perticulerly 
but in generall as to y«= coming up of y^ massachusets agaynst 
them they went to some here in this towne for witnes, And 
Roger Williams hath wrot to his friends in England to befriend 
them And in perticuler to y^ lady Vane who promesed him 
such curtecy and one tould it y' heard him read it 

Allsoe theyr agents of Warwick sd to Nathaniell Waterman 
our partnor in patuxet & theyr partner in Warwick, y' we had 
cast them into hands of M"" Browne* (to say) meaning in to y^ 
hands of y^ granttees & Morgagees of y*= Narraganset Country, 
& then concidering y^ unyon of y« Collonyes And y^ cong- 
quest and clayme of Conecticot who had woon y^ field & would 
keep it & try theyr title & condemn it seeing they had not & 
others had Conounicus his title they wear forced to goe to y^ 
king to get another maner of tryall And recompence for y« 
wrong ye Massachusets they sd had done them theyr Agents 
being now in England to answer did not doubt but to recover 
theyr damage And concidering y^ Corespondency they had 
(& others had not) at New york A tryall would have a happy 
Judgment there 

but when y^ warwickeds (to say) theyr agents shall as they 
will suggest disloyallty of theyr Countrymen & flatter y^ King 



* Warwick, in 1672 and 1673, had controversy with James Browne of 
Swansea, who with his brother, John Browne, and brother-in-law, Thomas 
Willet, had purchased land at Potowomut Neck from petty sachems. 
(See MS. Copies of Warwick Records, pp. 26-30, in R. I. H. S. Library.) 
Potowomut was claimed by Warwick as being within the lines of her 
original purchase. 



HARRIS PAPERS. 235 

Then it will be good to shew a booke of theyr great prophets 
Gortons dedecated to Cromwell wherein he commendeth his 
dealing with y« king & sayth y* he is a meror for after aiges to 
looke into & y' he could not well doe other wayes* And war- 
wickmen offered up to Richard Cromwell a great fire aboute 
a tree & a pitch barell in y« top therof they being mistically 
minded most like intended a light to see : & fire to consume 
Richards & theyr enemyes but y« smoke & smeech therof 
well vewed will take of y^ glas of theyr pretended laurell 
loyalty 

besydes here seems some preparation for mony for some 
travelling designe but all events at y^ pleasure of God to 
whome I commend all afayres 

15 Aprill 1678 your very humble servant 

William Harris 
[Cushman Papers.] 

76 

Olney and Whipple to the Court, 21 May, 1678. 

Endorsed : — Tho Olney Assist & J5 Whipples retorn concn- 
ing their trust fro y^ Court 

To the Hon'"'^ : y« Court of Comissioners sitting at Boston 
by an Adjornment, May y^ 23 : 1678. By his Majestyes 
speciall Comand. 



*Gorton's An Antidote against the Common Plague of the World, 
London, 1657, was dedicated "To his Highness OLIVER Lord Pro- 
tector, of England, Scotland, and Ireland, with the Dominions thereto 
belonging." At one place in the dedication, Gorton says: " I know not 
but that God hath made your Highness the mirrour of this age, as also 
exemplary for that to come." 



236 RHODE ISLAND HISTORICAL SOCIETY. 

Whereas at yo^ last sitting at Providence November y^ 17* : 
1677 : Wee received order from you by which wee were 
required to sumons y^ free men of o"" Towne together to make 
choyce of men to runn a direct line a thwart from y^ head of 
Wanasquatuckett River to Pautuxett River. And then to 
runn a line Equally betweene y^ sayd Pautuxett River and 
Wanasquatuckett River untill they meete with y^ afor sd 
thwart line ; — The which done, then to require, & see y* George 
Way Gave possession to william Harris, Thomas fifield, & 
Nathanaell Waterman of y^ landes on y^ south side of y« sd 
partition line. 

According to yo"^ Order wee caused y^ Towne to meete upon 
y« 24''^ day of Decemb' 1677 : three men were chosen to 
doe y^ worke which you ordred to be done as to y^ sd lines : 
Upon y« ly^^ of this instant, o'' Towne being mett wee desired 
to be informed whether y« sd worke was perfected y* possession 
might be given according to yo"" Order, y^ so wee might fully 
performe y^ trust to us comitted ; the answere which wee 
received was y* y^ worke was not yet perfected so as to be in a 
Cappacitye for us to give possession ;* wee have since inquired 
as long as time would give way, but find y*= work is not yet 
perfected, whereby possession is not performed. Thus have 
wee rendred yo^ Hon''^ : an account of o"" proceeds. Resting 



yo''s : to c power 



May ye 21 : 1678 



Thomas Olney Asistant 
John Whipple : Jun'' : 



[Harris Papers, p. 93.] 



*The only action taken by the Town had been on 27 April, 1678, when 
they accepted the return of the committee as to the head of the Woonas- 
quatucket river, and voted that John Smith, the surveyor, be procured to 
run the lines {Prov. Rec, viii : 28). Olney and Whipple favored Harris's 
claims and had protested against the Town's act of 24 December, 1677, as 
not being "acording to the Comitionrs order "' {Idevi, viii : 22). 



HARRIS PAPERS. 237 

77 

Harris to the Court, 23 May, 1678. 

Honnored Courte siting by the Kings Majestyes spetiall 
Command at Boston the 23'^ of May 1678 upon Adjurnment, 

My Humble petition is That for as much as by verdict & 
Judgment our true title & right (acording to our proportions) 
the propriety of the lands of patuxet is found & Judged oures, 
in & by such good form of law as Required by y« King his 
Majesty requireing as y« law allsoe doth Execution without 
delay we Humblely pray y^ same with all convenyent speed. And 
pray we may have Restitution and seissin in our s*^ lands with- 
held & detayned by y^ towne of Warwick at & aboute Toskaun- 
kanet on y^ northward syde of patuxet river & of y^ longest 
& maynest branch therof as high as penhunggans[et] 

And allsoe pray we may have Execution as to y^ cost & 
damage found & Judged due to us from them. 

And we allsoe pray we may have Restitution & seissin as 
to yt suite against John Harrud & y^ rest in y* forcable 
entry & detaynor in y* land called Meshuntatack &c acording 
as our right hath apeared & bin Cleared by verdict & Judg- 
ment within ye fore sd bound And Execution as to our damage 
& Cost we pray without delay on them allsoe haveing bin a 
long time opresed defrauded & grieved by them 

Allsoe we pray A Judgment Against Edmund Calverley & 
some others with him in y* action against them (who wear not 
sued by us in y^ other action) (with Harrud in y' force for y* y*^ 
law Requires when a verdict is a Judgment shall be as by y^ 
21*^ of King James & 13*^^ statute, these words (viz*) If any 
verdict of 12 men shall be given &c y^ Judgment therupon 
shall not be stayed &c And by y^ 32 H, 8, 30 after a verdict 
of 12 men is given the Justices shall proceed to give Judgment 
and divers other statutes so speaking therfore I pray a Judg- 
ment in ye s^ case & Execution &c 

And wheras a partty at providence pretend to be a towne to 
defraude theyr Neighbors of theyr rights & lands who have 



238 RHODE ISLAND HISTORICAL SOCIETY. 

& Still refuse to performe theyr promeses & agreements 
sollemly made with us & to us nor matter y« Judgment nor 
verdict as to our right nor to obeoy y^ same but contrary 
therto malligne each to such great contempt of legallety y' we 
have noe Exspectation of theyr consent to our right nor agree- 
ment to y^ which is Just therfore we pray of y^ Court that y^ 
same Jury may agayne be called to exspres whether y^ Judg- 
ment be not acording to y« verdict for y* Arthure ffenner sayth 
the Judgment contradicts y^ verdict therfore If y« Jury agayne 
meet y^ truth of y^ matter may apear. 

And allsoe as we pray the Jury may give theyr verdict so to 
y« full & whole Issue Joyned between us & commited to 
them y^ s^ Jury, which apears by our declaration of our demand 
from our grant which y« Jury hath not as yet sd anything to 
as verdict And as yet hath only given theyr verdict as to our 
right to y' land Reaching from y^ lands on wanasquetacket River 
to patuxet River (in y' case) which sd verdict of y« s^ Jury y^ s"^ 
persons with M"" ffenner & M^^ ffenner doe endevor to delude and 
defraude by misrepresenting a head of wanasquetucket River 
which in law & reason is not y« head of y^ sd River but below & 
short of y« head of y^ s'l River which we with great paynes cost 
and Jeopardy optayned & possesed them with y^ same by ver- 
tue first of a grant to us which sd head they hold & from us y^ 
same head (as to y^ lands reaching therfrom) to patuxet River, 
and soe make two heads one higher for themselves and one 
lower for us 

And not only soe but insted of runing with us a derect 
thwart line to patuxet River refuse us in y' matter & run by 
themselves an inderect line makeing rather an acute Angle 
and soe intend to devide to us y^ poynte or naiTOwest end 
therof & y« brode end to themselves and y« longest land* And 



* In Rider's Hist. Tract, ser. 2, no. 4, p. 100, is published a fac-simile 
of an old map, probably drawn by Harris's surveyors, which shows the 
thwart lines as drawn by John Smith. The first thwart line is drawn 
from a point on the Woonasquatucket river where it is joined by the 
present Stillwater river directly to the point where the Pawtuxet and 



HARRIS PAPERS. 239 

not only soe but by theyr s<^ lines & devition of such s^ land 
in such s<* form devide to us such land as we doe not sue for 
which s"^ land some of it is allredy conveyed to others for all 
theyrs above or westward of pachaset River which s<i convey- 
ance is by an award Authourised by y* Collony of masachusets 
& Rhod Island long since And y^ moste Eastward land in 
defference is above or westward of y« s^ River which s'' is 
proved by papers we have put to y^ Court & Jury all redy in 
theyr (to say) y^ Courtes Custody And y^ land we sued for 
reaching to patuxet River lyes above pachaset River betweene 
wanasquetucket River and patuxet river by y^ consent Joynt 
agreement & subscriptions of y= townes men of providence 
M"" ffenner, M' Dextor & y« rest to devide with us yet now 
strive with us against all as afores^^ as apears by an award and 
y^ Record of providence towne now in y^ Court contrary to all 
which they would devide to us (to say) y' land y* is neither 
theyrs nor oures and deny devition of oures & theyres contrary 
to all faythfullnes and promes &c Therfore we pray y« Court 
to apoynt y^ right derect line equally and Justly to be run for 
it cannot be Immagined y* they (to say) M*^ ffenner & M"" Dextor 
& y^ rest who make & openly proclame & Justefy y' paper 
they call theyr sovereigne plaster (which is in y« Court) con- 
tayneing a resolution in them to take away our land notwith- 
standing any agreement with us (as they themselves say) will 
keep theyr promes or doe y* y« Court requires to performe it 
(to say) give us our land, And we pray allsoe restitution in to 
our s^ land by Execution, And execution as to our damage & 
Costs 



Mashapaug rivers unite ; and the second is drawn from the same former 
point to the union of the Pawtuxet and Pocasset rivers. Harris, how- 
ever, understood the "head of the Wanasquetucket " as reaching about 
tliree miles further north. Robert Hazard, a Portsmouth surveyor, prob- 
ably was the author of this map. In Harris's inventoiy, 1682, are mentioned 
" Severall sirveiors instruments (viz) a plaine table, ye stafe, ye Cumpasse, 
& ye Chaine" which had been lent to Hazard, but not returned (^Prov. 
Rec, vi : 87). "Robert Hazzards Mapp " is occasionally referred to in con- 
nection with Pawtuxet disputes [Prov. Rec. xiv: 146). 



240 RHODE ISLAND HISTORICAL SOCIETY. 

And we pray y^ s'^ Execution may not be layde on Innocent 
men but on y^ noecent & guilty of y« s'^ trespas & wrong (to 
say) M"" ffenner M"^ Dextor & such others greatest wrong doars 
for it is not Just nor reasonable y» one man (y* is innocent) 
should suffer for anothers trespas because both are townes 
men noe more then a wronged Complaynant should suffer 
execution to pay himself for others offences against him then 
which what can be more unjust 

And a persons protest against an act of others takes of all 
guilt of doeing y^ act And by y« like equity should free such 
from y« penalty likewise, If noe guilt noe punishment 

And If it were not soe (in such case) noe innocent person 
could escape y^ guilt & punishment of & for others ofences 

And on y^ Contrary y' leaders & misrulers of others are & 
ought to be mostely damnefyde by penalty is thought Just 
generally 

And If execution goe out & should not be limited to y^ 
guilty partty it will not only opress y^ innocent but be an oca- 
tion of more suites of which I pray may be prevented for y' y« 
innocent have done what they can all redy to prevent y« s"^ 
former suites & latter allsoe 

We allsoe pray Restitution into our lands recovered from 
John Towers, And Execution of Costs & damages And all y* 
fore s^ we pray with all convenyent speed for y* it is not Just 
y* some mens unjust actings should continew to prolong other 
innocent mens damage cost & wrong, therfore as aforesd 
prayeth as an aturney in y^ s<J suits for my partners therin 
named demandants And for myself 



William Harris 



[Harris Papers, p. 93.] 



78 

Proceedings of Court, 24 May, 1678. 

Att a meetinge of the Comission'^s, at the House of M"" Symon 
Lyne M'^chent in Boston, by adjurnement from Providence, to 



HARRIS PAPERS. 241 

the 23'*' day of May 1678, Beinge then p^sent Thomas Hinck- 
ley Esqui^ president, Maj°'': James Cudworth Esqui"", M"^ Symon 
Lyne, Cap* Daniell Hinchman : M-^ John Coggeshall Peleg 
Sanford : But the two Comission'^s Belonginge unto Conneti- 
cute Collony : viz : Capt Georg Dennison & M^ Dan. Wether- 
ell not appeareing according unto order derived from his 
Majties : ^ wee the Comission''s above Named takeing it into our 
seriouse Considerations, upon the debate of our Respective 
Comissions Reseved from our perticulare Governors : Did 
unanimusely Judge, and agree, that wee Could not sattisfac- 
torily proseed to the Effectinge, and p''fictinge of the Matters 
then Lyinge Before us, according to order, without the 
p'sence, assistance, and advice of the two Comissioni's, of Con- 
neticut Collony as aforesaid : therefore in Obedience unto the 
Comands Wee have Receved from our Respective Govern's, 
and Manifestly to declare our faithfull Intentions, to obay & 
performe the same : Wee have unanimusly agreed : and doe 
adjurne this Court, unto M"" Thomas ffeilds House in Provi- 
dence in the Collony of Rhoad Island &c, and thare to meet 
upon the 18 day of June Next Ensueing : in Exspectation and 
hope there to meet with the said Conneticut Comissioni's that 
soe a full Essue of all the matters Comitted unto us may be 
p^fected, in order to give, and Returne our Severall Governors 
an accoumpt of our proseedings according unto our Comissions 
from them Receved. 

Boston May 24*^ : 1678 : 

Capt Georg Dennison, M"" Dan Wetherell, Gentlemen Itt is noe 
small truble, that your absence, from this p'^sent Court, hath 
put us upon, But not Knowing the occations thereof, or how it 
hath pleased God to vissett you — 

Wee have adjourned this Court Bake againe unto "^idence and 
to meet at Thomas ffeilds house upon the 18*'' day of June 
Next, where your Companys is Exspected : and therfore wee 
doe Give you timly Notice thereof : hopeing you will not fayle 
as Now you have done (without timly) advice Giveinge : Which 
if you doe undoutedly it will bee of very Ell Consequence, and 



242 RHODE ISLAND HISTORICAL SOCIETY. 

Ley at yC dores, see wee bed you farewell & Remaine yC 
Loveing freinds & neighbours 

Signed by ord^ 

To Capt Georg Dennison 
& M-- Daniell Wetherell 
Comission''s these p'^sente 
f M-- Will. Harris 

The Severall papers and Records of this Court formerly in the 
Costody of Peleg Sanford, is Now Receved from him and put 
into the hands of the p''sident Thomas Hinckley Esquier. 

[Cushman Papers.] 



79 

Harris to the Court, i8 June, 1678. 

This presented to the Kinges Majestyes Court siting at 
providence by Adjurnment this 18* of June 1678 

May it pleas this Honnored Court that for as much as we 
proprietors of patuxet have optayned of our Lord y^ King his 
Order for a Court &c And have had five verdicts and foure 
Judgments for our true title to y^ lands called patuxet, acord- 
ing to our proportions ever since January 1677 And yet have 
not nor can have restitution nor execution by reason of 
obstruction & objection pretended by some from y^ uncertaynty 
of y^ meaning of y« verdict of y^ Jury as what they mean by a 
derect line from y^ head of Wanasquetucket River to patuxet 
River And for y* y^ Court hath had many Jurnyes trouble and 
charge And we y^ Complaynants and demandants much trouble 
Charge and damage Therfore we to shorten trouble & cost to y« 
Court & ourselves & others offer as followeth 

That we are Redy (If y« Court pleas) (& our ^Adersarys 



HARRIS PAPERS. 243 

acsept it) to refer to M"" Robert Haszard* (on our part) what & 
wher y« head of y^ s<i Wanasquetucket river shall be or is And 
what and wher y^ derect thwart line shall be run, And what 
and wher patuxet River or y« mayne & longest branch therof 
as in our declaration to which we have had soe many verdicts 
If ye defendants or tenants will refer y« same likewise to any 
surv^eyer y* they Chues to whose agreements we & they shall 
submit but if y^ s'^ surveyers cannot agree that y« Court to 
Chuese a discreet wise unconcerned & least suspected man to 
be umpire of any defference y' may hapen betweene y« s'^ two 
surveyers 

or If y« afore sd will not be acsepted of by our adversaryes I 
will be at ten pound Charge upon y^ Juryes coming together 
agayne (If y« Court pleas) (& we pray may agayne meet on y^ 
sd land & actually set y^ sd head of Wanasquetucket River 
The thwart line & y^ s^ patuxet River or y«= longest & maynest 
branch or streame ther of, acording to y« equity of y^ 1 3 Ed, 
I, 25t And I pray A true coppy here of may be by y^ Courts 
apoyntment atested 

In behalf of Thomas ffield & my self demandants 

William Harris 
[Cushman Papers.] 

80 

Court's Order of Adjournment, 18 June, 1678. 

The Comission'^s, uppon adjornm' from Boston the 23''^ day 
of May 1678 : meet at Evidence the 18'^ June 1678 : and 



*That Robert Hazard, of Portsmouth (1635-17 10 +))Was a surveyor of 
reputation would appear from a vote of the Plymouth colony court, 30 
October, 1667 {Plymouth Rec, iv : 168), regarding a dispute over the 
bounds of Dartmouth, "that in case Robert Hazard, of Rhode Island, 
may be procured, that hee run the line." 

t See Harris's explanation of this statute in No. 75, p. 232. 



244 RHODE ISLAND HISTORICAL SOCIETY. 

adjorned againe to "^idence the first day of October : next 
Ensueinge & ordered the Jury to be sumoned in to y« s^ 
Adjourment to explayn theire former verdict &c 

Tho Hinckley Presid*. 
[Cushman Papers.] 



81 

Court to Connecticut Jurors, 19 June, 1678. 

Endorsed : — " this warent sarve by me Samuell Starr* 
marshall upon Leftenent Ben j amine Brewester muster Jams 
fitch juner and muster John edckombe augest the 10 1678 " 

To Leiff" Benjamine Brewester Mr James ffitch Junio' and 
m"^ John Edgcombe 

Whereas at his Majesty Courtt held at Providenc by 
Adjournement on the seaventeenth of Novem' : 1677 by his 
Majesty s : Royall Comand for the heareing the Complaints of 
William Harriss & Partners Against severall Intruders as he 
sayth on his Lands &c and yo'' Selves with others being Impan- 
elled as A Jury for the Tryall of those plaints who being by 
Reason : of the Cold Season then prevented to goe on the 
sayd Lands in Controversie and not haveing A perfect draught 
of the sayd Lands whereby you might have been in A better 
Capacity to have given A perticuler plaine Distinct Determina- 
tion of those Cases Comitted to you : which now according to 
the termes of the verdict given by you are Exposed to Divers 
& Dubious Interpretations Touching a thwart Line frome the 
head of Weenassquetuckett River Directtly Runing to patuxett 
River whereby no quiet Settlement of the Lands in Contro- 
versie is Like to be obtayned According to his Majesty s 
Speciall Comand in pursuanc whereof his Majesty s sayd Court 



*Samuel Starr, of New London, appointed marshal in 1678. 



HARRIS PAPERS. 245 

now held at Providenc Aforesayd upon Adjournement to iS*'' 
of this Instant June Judgeth it of Nessesitye for the s"* Jurye 
to meet here at Providenc at the sayde Courts Adjournement 
on Tusedaye being the first daye of October nexts ensueing 
then and there to Explayne what they meane by the thwart 
Line and what by the head of the River &c : and to performe 
such other service as in his s^ Majesty s name shall be Required 
of them in pursuanc of his Royall Comand Aforesd : and 
findeing the Lawe Made the 13*'^ of Edward the first : 25**^:* V 

whereby Justices in Cases shall send for the same Jury that 
hath before given verdictt and After Judgment Granted, and 
Considering his Majesty s speciall Comand in order to the quiet 
setlement of that Matter Aforesd According to Justice : and 
Considering the Comissions thereunto from the Respective 
Governors of these Collonies the Court Aforesd Doth there- 
fore in his Majesty s name will & Require you & Eviry of you 
Abovementioned to Appeare at his sayd Majesty s Court to be 
holden at Providenc upon Adjournement on the Aforesd first 
Daye of October nexts : then and there to Joyne with the Rest 
of the Sayde Jurye in the Service Aforesd whereof fayle not 
you & Eviry of you as you will Answer the Contrarye at yo"" 
perill 

Dated at Providenc the 19 : of June 1678 

Tho Hinckley Presid* 
"^ order of y^ s<i Court. 

To the Marshall of the County of New London to Serve and 
make Returne to one of his Majestys Comissioners of Conect- 
ticutt Collonie of the Serveing hereoff. 

[Cushman Papers.] 



* It was Harris himself who had given Hinckley information as to this 
statute (see p. 232). 



246 RHODE ISLAND HISTORICAL SOCIETY. 

82 

Stoughton and Bulkley TO Plantations Committee, 
30 July, 1678. 

To the Right honourable the house of y^ Committee for 
Lands and plantations 

In obediance to his majesties command received William 
Stoughton Peter Bukkley in answer to y« petetion & adres of 
Randall Holdan and John Green * of Warwick in new england : 
humbly ofer y* its about : 35 : years since these matturs hapned 
with which y« petetioners being y^ complaints against y« massa- 
tusets Colony at which time these respondants were not of 
age to acquaint themselves with proseedings in y* nature nor 
til now have they are bin consarned to acquaint themselves of 
them and therefore can give no particular account of them only 
in the general they have latly bin informed and do believe for 
truth that these complaynants espeshaly some of them may be 
traced in the colonies where they have dwelt from place to 
place as y^ authors and fomenter of much trouble and dis- 
quietnes Gorton the chief among them was while he lived first 
expeled y^ colonei of new plymoth thence returning Rhoad 
island he was publiquily whipt for their seditious carages & 
afronts to authoriti there upon he and M"" Randall holdon and 
several othrs with them combined with them in the same 
practis were made to quit that island, from hence they went 
to the town of providence then under noe setled government 



*The petition of Holden and Greene is printed in 5 Mass. Hist. Soc. 
Coll., i: 505, where it is assumed that the date is December, 1678. The 
statements in the petition, however, are answered specifically in the above 
reply of Stoughton and Bulkley, dated 30 July, 1678, and the Journal of 
the Lords of Trade, 30 July, date the reference of the petition on 17 July 
previous (C«/. State Papers Col. Am. 6-' W. /., ityy-So, no. 768). Wil- 
liam Stoughton and Peter Bulkley had been sent by Massachusetts as 
agents to London in September, 1676. Their address was answered by 
Holden and Greene, 30 July, 1678, {Idem, no. 767); but the Lords of 
Trade took no decisive action until 2 January, 1679. 



HARRIS PAPERS. 247 

but what was by combynation among themselves and though 
on act of their behavior tbey could not obtain the consent of 
the clriefest and better part of the inhabitance to be enter- 
tained as dwelers among them yet for some time forcing an 
aboad with them soon broake the peac of that place also 1 

so that they were once drawn out in arms one against another 
and blood-shed scarcely avoided which forced them of provi- 
dence to make their cause known to the massatusets and have- 
ing no better way of adrese to crave their protection that the 
originoll & principle ground of the controvarsies betwen them 
and the massatusets was not any thing in Religion but of a 
meer civil nature for these men leaving the town of providence 
went to a place adjacen now cawled Warwick and there by 
vertue of a pretended purchase of unserping narrowganset 
sachem they intruded themselves into the lands and habita- 
ions of two other sachims the rightfull lords and proprieters 
thereof who having before that time craved and submited 
themselves to the protection and goverment of y* massatusets 
complaining of this their great wrong praying their interposi- 
tion which was a way far more ellegable then that these Indians 
wronged should have sought to rite themselves by force and 
their own arms against the wrong doers which might have 
proved of dangerous conciquence to the english in general! 
that the massitusets sending to these complainants and 
endevouring to issue the whole mattar in a fair and just way 
of proceeding were entertained with the most opprobrious mes- 
sages scornful returns & highes affronts and provocations that 
can redily be thought on and although by their straing and 
voluntary ventering themselves in y^ highest poynts of Chris- 
tian religion they gave an ocation unthought on or unsought 
for of annemadverting on them yet how little rason they have 
to entitle their sufferings to thir not relinquishing (as they say) 
the sound doctrains and christion principles taught them in 
their minority by y^ the church of england will easily appear 
upon perusal of their letters sent to the massatusets and y« 
writings of that grand hyrarchy their great leader Samuel 
Gorton aforesaid most full of absurd apsurd opinions notions 



248 RHODE ISLAND HISTORICAL SOCIETY. 

heterodoxes & some thinke nearly bordering upon if not down- 
right blasphemy, so that Gorton's were caled in by a com- 
mitte of parlament 

That the proceedings the massatusets against these parsons 
were by the exspres consent and avice of y« other colonies who 
looke themselves as joyntly and equally consarned thereinfor 
the security for the whole for as much as at y^ time the late 
civil war here in england had proceeded so far that there was 
no way opne for y" in this or the like case to apply them- 
selves to his then majesty for a more regular decizion or adres 

That about the year 1644 as these respondants are informed 
ye complainats some of them came over into england who 
made their adres not to his maisties royal father but to the 
parlyment y* then was and their committee of lords for forrain 
plantations maniging their complaints so far as their case 
wuuld bare nor did their loialty in the last hinder them from so 
doing nor from seeking an authority and constitution of gov- 
ernment solely from the powers then in being which loyalty 
doubtles they still hold on when afterwards M"' Randal Holdon 
being one of the bench one John goold was fined three pounds 
for drinking a helth to his preasent majestic then in his exsise 
as also when these men of Warwick with joy of bonfiers vol- 
untaryly and uncommanded proclaimed Richard Cromwell 
protector 

As to the withdrawing of the forces of y^ collonies from 
their towns in the lat[ ] indean war these respondance answ[ ] 

That the government of Rhoad isla[ ] to whom these towns 
belonged would never yeald any joynt assistants again[ ] the 
comman enemy nor not so much as [ ] their own bownds upon 
the maine n[or] garison these their own towns Providence and 
Warwick so that if upon the withdrawing of y* forces neses- 
aryly to pursue y^ routed Indians up into y^ wilderness they 
sustained damage y* blame must lye upon their own goverment 
& not on ye other Colonies much les y* of y^ massitusets. 

and for their last complaints of William Harris the judgment 
given and the whole proces in pursuanc of his majesties com- 
mands to ye governors of the several colonies was since these 



HARRIS PAPERS. 249 

respondents came over to england yet they and all other know 
y» ye two gentlemen deputed out of the massatusetts to be 
judges in y^ case were men of known moderation & indiffer- 
encye who had never bin ingaged against y« complainants nor 
at all concarned in y« preasen controvarcie and such alsoe y« 
rest deputed out of y^ other colonies will appear to have bin 
and not profesed mortall enemies as is most slanderously and 
unchristianly represented 



All which is most humbly submited 



July ye 30 : 1678 

William Stoughton 
Peter Bukkley 



[Cushman Papers. The copy sent to London is in the 
Record Office, Col. Papers, vol. xlii, no. 114. See Sainsbury, 
Calendar, Am. & W. /., /6/y-l68o, no. 766] 

83 

Harris to Steele, 15 August, 1678. 

Endorsed by Harris : — A coppy of a question sent to Searjant 
Steele for resolution 15 August 1678 

The case is this upon y^ following conciderations 
Seeing all y^ Charttors granted by y^ Kings Majesty in & to 
new England & y^ Collonyes Grant y^ s^^ land to be held in 
free & Common Sockage &c Acording to y^ Custom of his 
manor of East Greenwich in Kent 

Then whether by y^ s<^ words in y* s*! Charttors by y^ s"* 
Custom of ye s"^ manor The s"* lands in new England shall be 
held & desend as Gavell kind to all male heirs equally (If that 
be) &c or to ye Eldest male heir or how els* 



* Harris asked this question because he shortly intended to draw up his 
will, in which he wished to entail his property for as long a time as possi- 
ble. The Rhode Island Charter required that land should be held " as of 
the Mannor of East Greenwich, in our county of Kent," and according to 
the law of Kent, which was the law of gavelkind, estates descended in 
equal portions to all male heirs. 



250 RHODE ISLAND HISTORICAL SOCIETY. 

here is great need of A resolution in y^ sd case for here is noe 

certayne knowledg of y^ full & certaine meaning of y^ sd 

words 

nor (as yet) have they any prescription 

Some Collonyes they give y« Eldest Son a duble portion (to 

any of y^ younger) & to y^ younger equall partes but in this 

Collony of Rhod Island each towne hath a Councill & y« s^ 

Councill for theyr townes (intestates) make wills acording to 

theyr pleasures & done acording to theyr interests & afaction 

or disafactions & y^ s"^ councills Chose every year & mostely 

changed as often 

& likewise as often alltered y« maner of intestates Childeren & 

heirs proportions of theyr partes in lands & goods, & yet (in 

this Collony) y^ lawes of England acknowledged though not 

Soe much put in performance 

prayeth a clear answer in writing 

providence ye 15 August 1678 William Harris 

A true Coppy 

[Harris Papers, p. 93.] 

84 

Harris to the Court, i October, 1678. 

Endorsed by Harris : — "presented to y^ Court at providence 
ye i of octo 1678" 

To the Kings Majesty es Court siting by his spetiall com- 
mand at providence upone Adjurnment y* first of October 
1678 And 30* year of his Majestyes Reigne 

May it please your Honnor to take notice of y^ complaynt 
& demand of proprietors of patuxet Against severall partyes 
tenants by force holding our lands against whome we have had 
verdicts & Judgments yet notwithstanding still hold & use 



HARRIS PAPERS. 251 

our land As the men of Warwick & yet we cannot optayn 
execution nor restitution nor agaynst others nor y^ Towne of 
providence or against some y* soe pretend or asume to be 
whose Irrationall objections seeme to be y^ present obstructions 
Therefore we pray a hearing of our answer thereto 

Our demand being all y^ land above pachaset River as high 
as penhunganset to a midle line betweene y^ s'' patuxet River 
and wanasquetucket River 

They of providence tenants by force Arthur ffener & his 
partty under y« name of A towne wear by yourselves y^ Court 
required To run y^ s^ line (to say) The midle line of an equall 
distance between patuxet river & wanasquetucket till it mete 
with a derect thwart line from wanasquetucket river to patuxet 
river The s'' Arthur ffener & the rest of his party tenants by 
force not regarding verdict nor Judgment of Court nor theyr 
ad[v]ice to run y^ s"^ line with us demandants to speed y^ mater 
they run a line only by themselves saying only they have 
power from y« court to run or fix y^ said line, wherfore they 
piched (supposedly) on ye head of wanasquetucket river & soe 
to y^ mouth of pachaset river wher it runeth into patuxet river 
designeing not only to defraude y^ verdict & Judgment 
against them (to say) Arthure ffener & his party tenants by 
force but all y« verdicts & Judgments against others (whome we 
sued) all contrary to y^ award & agreement y* providence 
Towne (all save two men now dead y* wear of patuxet) sub- 
scribed to performe (to say) to run a line betweene patuxet 
river & wanasquetucket at an equall distance, to which per- 
formance Arthure ffener subscribed Gregory Dextor & Roger 
Williams witnes an Authentick coppy of y^ s^ award &. theyr 
subscriptions presented to y^ Courte in our plea & we pray it 
may againe be read in court as proofe 

And we pray y^ Court & Jury to mynd y* by theyr plat is 
designd y* as they draw theyr line to pachaset river & noe 
higher upon patuxet river they make voyd all y^ other verdicts 
& Judgments (as much as in them lyes) which we optayned 
higher upon patuxet River as at Toskaunk & above it against 
Warwick, And those y' wear at meshuntatacke as John Har- 



252 RHODE ISLAND HISTORICAL SOCIETY. 

rud &c, And John Towers &c, And yet in y^ tryall had noe 
reason to shew to y« Court nor country to prevent y^ s<i ver- 
dicts & Judgments against them. 

And seeing our good & sound reasons we shewed for our 
right seemes by some to be soe forgotten or blotted out by a 
dumb Irrational! line drawne in y^ skin of a beast by noe 
rationall understanding in y<= heart of any man, should in y* 
least speak better reason (thoughe it say nothing by its silly 
sylence) then all our sound grounds for our Just right which 
our adversaryes neither wear nor are able to answer we pray 
leave briefly to remember y^ Court & Country of some 

first The s'* wanasquetucket &c & y« lands thereupon our 
adversaryes had onely of us of patuxet And y' lands 
reaching from thence to patuxet river was cures allsoe 
then they rose up against us in mutinous maner yet for 
peace sake we granted to them y^ s'^ wanasquetucket river 
& y^ lands therupon And our proprietyes to be by us & 
them severed (to say) of patuxet or parted : namly y« 
lands reaching from y« land we granted (by y^ s^ award to 
them) to patuxet River which s^ land under theyr hands in 
ye s'l award they acknowledg our proprietyes but if they 
stand not to : nor abide by : y^ s<^ award under theyr 
hands Then is y' land on y« s*^ wanasquetucket yet oures 
of patuxet And not Arthure ffenners nor his partyes for y« 
s'^ land on y^ s'^ Rivers was by Roger Williams made over 
to thirteene of us patuxet men & then had y« towne 
Authourity & rule allsoe, then they not to limit us 

If our Adversaryes say as they may That Roger Wil- 
liams hath since y' gave them a deed therof 

To y* we say he had noe lawfull power soe to doe for 
then he was but one of us y^ s<^ thirteene as by y^ dates of 
y« grants in Court it will apear 

And Roger williams had noe more Authourety to grant 
ye s^ land in such maner & form then he had to grant 
patuxet to others after he had granted it to us And yet 
under his hand he sayth he would grant it for y^ good of 



HARRIS PAPERS. 253 

plantation to others as in an Authentick Coppy under 
publique test in y« Court will prove 

Soe y* our adversaryes have noe Authentick Grant but 
of us of patuxet nor noe more then we granted them (on y« 
s«* rivers) by y^ s<^ grant, And therfore we pray y* our 
Adversaryes may shew theyr grantes of y< land they clame 
(If any they have) & of y* land they deny us, as if we were 
at theyr alowance when as indeed they had none but what 
they had by us & obtained y^ s'^ grant of us by men as in 
mutenous maner 

If they say they have confirmations of y'' sachems & soe 
have more right 

To y^ we say The s'^ confirmations Grant & confirme to 
us as well as to them but still to both them & us acording 
to our Joynt agreements, upon which we of patuxet payd 
y quarter part of y« payments to y^ sachems or Monorches 
(to say) (over y^ Indeans) as we have proved in Court by a 
coppy under publique test, which sd payments & Confirma- 
tions (for they are severall read in Court) they wear of 
lands allsoe above y^ sd wanasquetucket as highe as pen- 
hungganset acording to our demand & y« bounds set by y« 
unyversall consent of y« Towne of providence, soe y* still 
higher then y« sd wanasquetucket our right runs upward 
wherfore then should our adversaryes stop us at y« mouth 
of pachaset River eleven or twelve miles below penhung- 
ganset & aboute 9 miles below y« head of wanasque- 
tucket river as on our plot & therby we shall prove it 
compared with theyr plat And all y« while they thus 
obtrude & soe delude as not to prove theyr title to y' land 
they deny us & detayne themselves never shewing why (by 
grant) we pray y« Court to take notice That Thoughe 
Arthure ffenner & his party were required to run y*^ line 
which formerly they & we agreed on & we sued for & y^ 
verdict & Judgment for us, yet y^ s^ tenants by force will 
not finde y^ head of y^ s^ River nor y^ midle line 

but insted of y^ derect thwart line which would make a 
rect Angle with a right line drawne upon wanasquetucket 
to y« right head therof 



254 RHODE ISLAND HISTORICAL SOCIETY. 

They make y^ head of wanasquetucket on y« greatest 
body of water on y^ River And draw a line from thence to 
pachaset river & soe make an acute Angle 

And as they have had opertunity to shew their plats 
fation or form I pray leave to shew theyr plats disagree- 
ment to our demand & y^ verdict & Judgment 

If ye head they have set be not y« head of y« s"^ River 
then they have not performed y^ verdict nor Judgment 
nor our demand which long since they subscribed to 
perform 

but ye head they have set is not y^ head of y^ s"^ river 

Therfore they have not performed y^ verdict nor Judg- 
ment 

That ye head they have set is not y* head of y^ sd river 
we prove by y^ scriptures of truth And by y^ law we are 
borne to (to say) of England 35 H 8 lo statute* in these 
words (viz*) t/ie waters coming from ye old springs & antient 
heades. If ye waters com from ye old springs & antient 
heads then when come from ye heads they are not in 
place of ye heads but in ye Rivers or streams or branches 
of ye rivers 

2ly That wher they have set ye head is not ye head we prove 
by ye scriptures of truth in ye 2 Geneses 10 v and a river 
went out of Eden to water ye garden And from thence it 
was parted & became into foure heads &c The one com- 
paseth ye land of havilah, another ethiophia &c whence it 
is Clear y* wher it was y* great river it was not ye head for 
it was parted into foure heads therfore ye River wanasque- 
tucket in ye greatnes of it not ye head of ye sd river 

but Arthure ffener hath set ye head of ye s^ river in ye 
bignes or greatnes of it 
Therfore not ye right head 



* A law authorizing the Mayor and Commonalty of London "to lay and 
amend conduits in and about London." Its pertinency to the present 
controversy is not apparent, unless it is that the said Mayor and Com- 
monalty were authorized to go and look up the springs for themselves. 



HARRIS PAPERS. 255 

Therfore not acording to verdict & Judgment 

Therfore we pray y« Jury to doe it themselves acording to 

y^ fores'^ 35 H 8 10 at y« upward old springs & antient head 

our Adversary es object That we must not chuese y^ 
head of y^ s<^ river to measure therby 

Answer we wear Granttees to y^ fores'^ sachems & by y« 
law of England granttees are to have y^ moste favorable 
and benefitiall construction the 18 El 2 Sta* against y« sd 
Queen & her succesors, & soe are all patents in New Eng- 
land to patenttees 

The same by law we had & y« same we granted & y« 
same measure we must have agayne of our adversaryes (to 
say) to y« uper springs & antient head to take scantling 
from 

And as they have not set y« right head of y= s<^ river soe 
they have not run y^ derect line or right line for it is all 
on : rect : & right, 

And insted of performance make silly bold Jeers upon 
ye verdict for say they y^ midle line must be run till it 
meet with a derect thwart line & say they as if a thwart 
line were run all redy which if they say what need they 
doe it againe 

To which we Answer & say y« words are sound words 
of a rt. (to say) a derect line, but to our adversaryes y' 
better understand a thwart line y^ s"^ thwart may be best 
for them 

And wher as it sayd till it mete with a derect line it is 
simplely construed by our adversaryes for ther ar many 
lines truly Immagined or suposed in y^ heavens which 
never were run in their simple sence 

yet notwithstanding The s"^ midle line may be run till it 
mete with y* derect line by a surveyor haveing plated y^ 
rivers from y^ s<^ head by his plat can tell when he is come 
to y^ derect line by leting a perpendiculer fall upon y^ 



* Confirmation of all Letters Patents made by the Queen since the 
beginning of her reign." 



256 RHODE ISLAND HISTORICAL SOCIETY. 

poynt Asigned (to say) y« head of y« s^ River upon his 
plat 

which sd derect line from y^ head of y* s^ river presup- 
poseth a line or base to be drawne upone wanasquetucket 
on y^ plat which with y« perpendiculer line makes a rect 
Angle or right Angle 

Insted of which right Angle acording to verdict & 
Judgment soe it ought to be plated Arthure ffener & his 
party have drawne an acute Angle cuting of our land 
which they themselves have actually delivered to us by 
partision as we shall more playnly shew by our plat* That 
we have devided thus far (to say) we began as we agreed 
to devide by our award at a spring at sasafrax Cove & 
run a midle line to mashapaug to a marked oake tree 

Then we run a head line And they tooke theyr station 
at theyr syde at durty Cove 

And we toke our station at a poynt of land by patuxet 
river neer papaqunepauge 

Then we toke a midle line upon y^ head line & y* was 
run to pachaset River 

Then another head line was taken from wanasquetucket 
river neer solletary hillt for y^ towne And another to 
meet y* for patuxet at patuxet river neer pachaset river for 
another head line 

And then a midle line ran from y* head line upward as 
highe as a place called by some Hipses Rock which is a 
mile or two above pachaset river 

And ther stoped for y* time with this record in y« 
towne booke (viz*) y* if any defTerence arose aboute devi- 



*The map printed in Rider^s Hist. Tract, ser. 2, no. 4, p. 100, and 
referred to in previous note on p. 238, is probably the "plat" to which 
Harris here makes reference. 

t Solitary Hill, according to the light of modern evidence, was situated 
just in the rear of the present Olneyville Public Library building, and has 
long since been cut away. 



HARRIS PAPERS. 257 

tion above y^ s'^ rock it was to be refered to arbytration* 
but afterward by our adversarye often denyed, wher fore 
we sued And when we had recovered verdict & Judgment 
against them The court commanded them to run y^ hne 
which if they would have performed then had saved y^ suit 
& our great damage & trouble (thoughe we have a ver- 
dict of title) (at which Roger williams Jeers us thus (we 
complayne to y^ King y* they did us forty shillings dam- 
age) and after verdict & Judgment we offered them to 
Joyne & get a Surveyor to ease y^ Courts trouble & 
charge & our owne, And offered if any defference arose we 
would refer it to y^ surveyor but one of them s^ y' was 
arbytration & if they would have done y* it need not have 
come to suit so y* All meanes of peace to save trouble & 
coste they have refused & contemned And forced us to 
get a surveyor at our owne cost whose recompence hath 
bin & will be aboute ten or twelve pound in mony for his 
partt at five shillings y^ day And his helpers some times 
four at a time sometimes two which at two shillings six 
pence each person each day will come to about fifteen 
pound more about six or seven & twenty pound y whole 



*The above survey was the result of the agreement of 31 March, 1665, 
that " the line of difference shall be runn betweene them, from the End of 
that line already sett betweene the Towne of providence and the men of 
pawtuxett neere unto pauchasett River : and from thence upon a straight 
line unto a Rock, called Hippsses Rock, which Rock is about 3 quarters 
of a mile westward from the farme howse of Joseph Wise, where Henry 
ffowlar now liveth ; which howse standeth upon the Hill called Neotacon- 
quonitt" {Prov. Rec.,\n: 61). 

t Providence also was troubled over the cost of its surveyor, for at town 
meeting, 3 March, 1679, it was voted {Prov. Rec, viii : 45) : " that ye pro- 
testation w* John Whipple putt in agnst ye Rate for ye paying of John 
Smith Surveyer be refused, because of those false Charges upon ye towne 
itselfe theirein Contained." At the previous meeting, 24 February, 1679, 
it had been voted to levy a rate to pay Smith "who was implyed in ye 
Townes name & behalfe in Runing ye Lines of Division for ye boundes 
betweene the men of providence & ye men of pautuxett " {Prov. Rec, viii : 
42). The rate as voted was ;i^i I 13s. 



258 RHODE ISLAND HISTORICAL SOCIETY. 

sum as to y^ with divers other hinderances & Charges 
some wherof is y^ meeting & Charge of two courtes y^ 
more at providence with aboundance of other loste time 
& hinderance which noe man can clearly know but such 
as are forced to beare it. but our adversaryes are many 
y' bear up one another in theyr unjust causes which good 
law punisheth our Adversaryes would exscuse theyr line 
upon theyr plat y* runs from theyr head of wanasque- 
tucket river to pachaset rivers mouth makeing an acute 
angle say they patuxet river falles away And say 
they it is patuxet river noe farther then to y« branches 
therfore Roger williams he afirms, as they say, papa- 
qunnipauge brook & mashapauge brook are at y^ end 
of patuxet river for they are some of y^ first y* fall into 
ye gd river which wher they are we shall shew upon our 
plat 

To which we Answer Arid because Roger williams 
sayth (viz*) as he might instance in y^ river of Thames or 
any other river in the world Therfore to shew his very 
erronious & more then useall Ignorance Apears by y^ 
law of England 21 K James & 32* wher it is y^ river of 
thames from london to oxford, with many other statutes 
to yt efect & many here know y' it is Thames to graves- 
end. And y' y^ s'^ river doth not Chaing its name but is 
thames from y^ two heads thame & Isis make y^ com- 
pounde thames or tames & it is not Changed by noe City 
nor any y^ Kings Royall palaces by or upon y^ s^ River 
therfore in y' Roger williams fallcly instances 

and in a waighty case but he useth to shoot at roverst 
but if he object y^ law of England & say as once he did y' y^ 
lawes of England are wicked lawes &c to y* I say he makes 
himself a Judg of y^ law & not a doer of y^ law & he y' 



*"The River of Thames shall be made navigable . . . from the village 
of Bercot in the County of Oxon unto the University and City of Oxon." 

t A term of archery, meaning to shoot at random, without any particular 
aim. 



HARRIS PAPERS. 259 

will speak evell of y« law will not matter to speak evell of 
his neighbors & theyr honnest interest* 

but we pray of y^ Court speedy Justice as y« kings order 
is concidering our long troubles & great Charge & cost 
which god knowes hath and doth ly heavy upon me 

And pray we may have restitution into our possesions 
& execution for our damages & Cost which is not answer- 
able to my exspence but what it is we pray we may have it 
our adversaryes doe but sporte themselves & say y« Court 
dares not make an end of it as if Court, law, & Justice 
were afrayd of asilly Ignorant yet bold & proud multi- 
tude not haveing one Just man of capassety among them 
which is y^ reason they have run so long a rude rase of 
opresion fraud & violence which I pray God rebuke 

A long & great sufferer therfore complaynant 
& demandant And Aturny &c 

William Harris 
[Harris Papers, p. 93.] 

85 

Protest of R. I. Commissioners, 3 October, 1678. 

Wee whose Names are here under Written beinge By the 
Hon""^ Benidict Arnold Esqui'', Governor of his Majt^^s Collony 
of Rhoad Island and providence plantations, By vertue of his 
his Maj'ies Comand to him beareing date y^ 4. day of August 
from his Court at Hamton Court Anno : 1675 : Constituted 
and appointed, Comission''s to Joyne with such other Gentle- 
men as shall bee appointed to Joyne with us, from the Col- 
lonyes of the Massathusets, Plymouth, and Conneticute as by 
our said Comissione beareing date in Newport y^ 22"> day of 
September 1677 and 29^^ yeare of his Majties Reigne, doth 



* James iv : 1 1 : " He that speaketh evil of his brother and judgeth his 
brother, speaketh evil of the law, and judgeth the law: but if thou judge 
the law, thou art not a doer of the law, but a judge." 



260 RHODE ISLAND HISTORICAL SOCIETY. 

more fully appeare, to heare such pleas, allegations, proofs and 
Evidences as shall be prodused by William Harris and his 
partnores, Conserning y^ lands in pawtuxet Claimed by them 
&c, in obedience unto our Comission wee have from time to 
time att and from the first instating ourselves a Court : 
attended the severall adjournm^"ts^ as the Records of said 
Court will make appeare, though other of the Corhission''s 
Neglected the same : viz those Belonging unto y^ Collony of 
Conneticut : by Reason of which it was as well by the Corhis- 
sion''s of y« Collony of the Massathusett, and plymouth as our- 
selves Judged wee had not power to act or proseed as a Court, 
for the heareing Reseveinge or Judging any thing presented 
unto us (being but part of the Court) and our Coihission, say- 
ing y° with the Reest Comissionated, have &c : , and att our 
last meeting at providence y^ 18^'' day of June the Court was 
by y^ majore part of the members thearof adjurned unto the 
first of October 1678, and then againe to meet at providence, 
but one of the Comission''s Belonging unto the Collony of 
Conneticute not appeareinge : wee doe declare that wee Can- 
not Joyne or act with the Comission''s present as a Court, 
and therefore doe desent, and wholly disone any thing that 
shall bee acted, done, or Receved by them or the majore part 
of them as a Court : and this our desent wee Leave with the 
president Esqui'' Hinckley to be Keept with the Records of 
the said Court : dated in providence October y^ 3^ 1678. 

Peleg Sanford 
John Coggeshall 

This paper signed '^ Peleg Sanford & John Coggeshall 
dated Octob 3<^ 1678. was not p-'sented till y^ 15'^ of octob. 
after we had signed our retorn to our respective GoVnors of y^ 
whole matter coiiiitted to us by vertue of our Comissions fro 
them & therefore is p''sented unseesonable being just when we 
were ready to de^te home, & need not by us be tooke notice 
of : yett as to what is said was our judgm^s when Connecticot 
CoiTiission''s mett not at y^ adjourm* at Boston is a mistake, for 



HARRIS PAPERS. 261 

though we judged in matters of weight it may be prudence & 
most expedient to adjourn to another time when it may be 
rationally conceived a greater number or y^ whole may meet, 
yet it follows not that [ ] of 8 cannot at all act as a Court to 
heare receive or judge any thing, for at that Boston meeting 
we did heare & receive some matters that conCned us as a 
Court & that a quorum or major '^te may act in some case we 
have p^'sented our resons why we so judg in our narrative or 
retorn to our GoVnors 

Tho Hinckley 
Simon Lynde 
James : Cudworth 
D Henchman 
[Harris Papers, p. 92.] 



86 

Return of the Commissioners to the King, 
5 October, 1678. 

[The proceedings of the Court, November, 1677, which 
occupy the first pages of this document, are here omitted, since 
they are merely transcribed from the official proceedings as 
previously printed, No. 70, p. 222.] 

The Court upon the acceptance of the aforesaid Verdicts, 
ordered the Town of Providence to choose men to run the 
thwart line from the head of Wanasquetuckett River directly to 
Pawtuxit River, and the dividing line according to the Jury's 
Verdict and Judgment of the Court, & also ordered the Town 
Serjeant after the lines were run to give possession of the 
Lands on the South side of the said dividing line to the Pltfs, 
& ordered two Gentl"" of Providence to see it accordingly done, 
the said orders being given under the hands of all the eight 
Commission'^s of the said Court, and then adjourned the Court 
to Boston to bee held on the 2y'^ of May, 1678. that so they 



262 RHODE ISLAND HISTORICAL SOCIETY. 

might have opportunity to advise with their respective Gov^ 
whether they had power to grant execution for the Costs of 
Court &c and to do other things for the perfecting of the 
returne of that affaire (committed to their management) unto 
their respective Gov^ But Connecticott Commiss""^ not 
meeting at that adjournm* to Boston, one of them being sick 
(as was said) it was a question whether the Court were not 
thereby dissolved, but in fine, the other six who there mett 
judged they had power to adjourne the Court to another time, 
in hope that all might then appeare and so continue the being 
of the Court to perfect what yet remained, and accordingly 
agreed to adjourne the Court to Providence aforesaid to bee 
held the i8**' day of June next ensueing, where accordingly all 
the eight Commissioners mett, expecting to receive a satisfac- 
tory accompt of the running of the said lines by Providence 
men, according to the order of Court & Verdict of Jury, but 
had a Returne from the Town Sargeant that bee had done 
nothing as to the execution of his Warrant ; and a Return 
from the two Gentl"" impowered to see him give possession to 
the Pltfs as aforesaid that the lines being not perfected they 
could not performe it, yet withall, Capt° Fenner in behalfe of 
the Town of Providence, had presented a Mapp or Draft of 
the running of Wanasquetuckett River and part of Pawtuxit 
River, so much as they thought served their turne, and of the 
thwart line they run from the head of the s'^ Wanasquetuckett 
River to Pawtuxit River, which thwart line the Court Could 
not accept of, judging it not to answer the Courts order accord- 
ing to the true meaning of the Jury's Verdict, because the line 
run is rather an accute angle, than a direct thwart line, right 
angle or square line as the Court judged was the Jury's intend- 
ment, for by the agreement of the artists of both parties, the 
s'^ Wenasquetuckett River for the generality of it runs neerest 
North North West, yet they run the said thwart line neerest 
N. & by W. and S. by E. which cutts the Pltfs from most of 
the Lands given them by the Verdicts of the s^ Jury, and there- 
fore in reason cannot bee the intendment of their Verdict, 
respecting the a'^ thwart line ; after much debate about it, the 



HARRIS PAPERS. 263 

Court thought it might bee most satisfactory to have the 
former Jury themselves to explain their own meaning in their 
Verdict, and accordingly sumoned them to appeare at their 
next adjournment to bee held at s'^ Providence Ocf the first 
1678. hoping the equity of the 13 Ed. i. 25. might warr' us 
therein ; where, in case the same Jury though dismist may bee 
called againe especially, considering His Majt'^s speciall com- 
mand in order to a finall determination of that difference 
according to justice, which wee were Comissionated unto. 

At which adjournment, there appeared the Commissioners 
following, viz' Tho : Hinckley Pres : Major James Cudworth, 
Simon Lynde, Daniel Henchman, & Cap" George Denison, 
who then adjourned to the next day in expectation of Road 
Island Commiss*^, who accordingly came alleging the reason of 
their not coming the day before, was because they could not 
gett over Providence Ferry, the other Connecticot Commis- 
sioner being gone to Barbados (as was said) by reason of 
whose absence the Road Island Commiss""^ declared that 
according to their Judgments wee were not a Court and had 
not power to act as a Court ; according to their understanding 
of the Commissions from the severall Governors and accord- 
ingly withdrew themselves from the Court, though concurring 
with the rest of the Commissioners in all that is before written 
and subscribing themselves His Maj*'*^ Loyall Subjects, and 
Your Honours 

humble servants. 

Peleg Sandford. 
John Coggeshall. 

The rest of the Commissioners notwithstands humbl}' con- 
ceived (with submission to better Judgements) that though it 
were necessary that all the Commissioners should bee present 
at the first meeting to constitute the Court, yet being consti- 
tuted into Court Order, it is necessarily understood, that the 
major part do make a Quorum, though not exprest accord- 
ing to the known maxime. Quod necessario sub intelligitur non 



264 RHODE ISLAND HISTORICAL SOCIETY. 

deest, who hav power to Act as a Court, though every individual! 
member of it sh*^ not bee present ; otherwise it might bee in the 
power of any one of them out of designe to absent himselfe, 
and thereby make null the Court, and as much as lyeth in him 
to make void His Maj^^^ Princely designe in his compassion to 
the long and many sufferings of his subjects and gratious in- 
clinations to order their redresse in the most speedy and 
effectual! way that can be proposed in order to quiett them in 
the possession of their Lands if in Justice they appeare to have 
right thereunto, and that all their differences and troubles may 
bee finally determined according to Justice as is manifested in 
his Majt'es gracious Letters to the respective Governors, which 
his Royall favour would no doubt have to bee interpreted in the 
largest sence for His Subjects releife according to Justice, our 
Commissions also from our respective Governors comporting 
therewith, according to our understanding thereof ; the Gentle- 
men who were of the Jury did also all appeare on the day ap- 
pointed, except the three Road Island Gentlemen of the Jury, 
viz' W™ Brineley, John Stanton and Will"" Haffernan who ap- 
peared not till the next day, & when they came, refused to act 
or do any thing as to the explanation of what they intended in 
their former Verdict, alleging that they had with the rest of the 
Jury given in their Verdict on oath, which was accepted by the 
Court and they dismist ; * and therefore would not concerne 
themselves further about it ; but the other nine Gentlemen of 
the said Jury upon consideration of the matter together, gave in 
under their hands for explanation of what they intended in 
their former Verdict by a thwart line from the head of Wenas- 
quetuckett River, directly running to Pawtuxit River, they 
meant and did intend a square line from the head of Wen- 
asquetucket River to Pawtuxit River, which said line runneth 
neerest W. S. W. from the head of Wenasquetucket River to 



* The Rhode Island commissioners were undoubtedly right in the stand 
which they took. There was nothing in English law to justify Hinckley 
in calling together a jury for a case upon which they had already given 
judgment and been dismissed. 



HARRIS PAPERS. 265 

Pawtuxit River, which comes from Penhungansit Pond as ap- 
pears by the Mapp given into His Majt'^s Court Ocf the 3'^ 
1678 whereunto the said nine former Jurors made Oath before 
the Court the s"* 3*1 of October 1678. and wee humbly conceive 
that the said thwart Hne as explained by the said nine former 
jurors is that line which according to Verdict of Jury and Jus- 
tice ought to bee run & possession accordingly given to the 
Plaintiffs their shares thereof according to Verdicts of Jury 
and Judgements of Court at least until His Maj''^s pleasure is 
further knowne and also execution granted for their damage 
and just costs allowed, yet one of the commiss'^^^ being absent 
and two present opposing as aforesaid, and one or two more 
hesitating about the granting of execution as the matter is now 
circumstanced. After many long and weary Journeys and ex- 
pences, wee must leave to his Maj^'^^^ finall determination all that 
whole affair ; the state whereof wee have given a breife and true 
accompt, and wherein wee looked beforehand to receive hard 
thoughts and words from such whose selfe humours and inter- 
est being crost are apt enough to cast forth reproaches on such 
as they deemed to stand in their way ; but whatever mans 
words bee concerning us, wee can truly say, that with all good 
conscience it hath been our desire and endeavour according to 
our best understanding to act justly and impartially in the 
whole matter committed to our trust ; Wee begg His Maj"'^^ 
gracious pardon and your honors for what of weaknesse hath 
appeared in us, and finally prostrate our selves and that whole 
affaire at His Maj''^^ feet to do therein as his Princely wisdome 
and Royall grace shall continuedly incline him unto. God 
grant His Maj*'« may have a long and prosperous reigne, and 
your Honors prosperity and peace under him. So prays His 
Majt'es most humble supplyants & Loyall subjects & your 
Honors humble servants 

Thomas Hinckley President 

Simon Lynde. James Cudworth. 

D. Henchman. George Denison. 



266 RHODE ISLAND HISTORICAL SOCIETY. 

This is a true Copy of the Originall returne of the case of 
William Harris. Received the 7* of October. 1678.* by me 

John Leverett. 

[From a transcript in the John Carter Brown Library.] 

87 

Harris, Power of Attorney, 4 December, 1678. 

Endorsed by Harris : — A letter of Aturny to Andrew Harris 
And Howlong Harris 

This be Knowne to all whome it may concerne That I Wil- 
liame Harris of patuxet in providenc now being intended to take 
a vioyage for England upon good concideration for y^ good of 
my posterety And for prevention of great evells intended by 
my adversaryes to me & myne, Therfore In my absence I 
apoynt & Impower my son Andrew Harris & my daughter 
Howlong Harris Joyntly & singlely to be my lawfull Aturny 
or Aturnyes Investing them & either of them with my full law- 
full power in my name & sted to my use to preserve keep & 
defend my lands goodes Chattells & cattell for me, to buy 
& sell what they see needfull, & to receive my dues, & pay my 
debts, to defend my lands & posestion by law or by any law- 
full way. And If they or either of them see need to make one 
or more Aturny or aturnyes in & for any matter or thing there 
aboute or suite concerning any of my s'^ afayres or busynes 
here by promesing my s'^ aturnyes or either of them reasonable 
satisfaction for theyr paynes & cost and to keep them harmles in 
theyr s^ undertakeings Alowing & mayntayning theyr or 



* The document in the British Record Office is dated at Providence, 5 
October, 1678. It was enclosed with a letter from Governor Leverett to 
Sir Joseph Williamson which was read in Committee 6 December, 1678. 
{Cal. State Papers Colonial, Am. (Sr» W. /., 1677-1680, no. 810). 



HARRIS PAPERS. 267 

either of theyr actings therein as If I my self personally had 
done y« same & ratefy y^ same without revocation, And make 
my s** aturnyes or aturny theyr acts & doeings in all things one 
my behalf as avaylable in y^ law as if I my self personally had 
performed y« same witnes my hand And seale 

William Harris my Seale [s]* 

in y^ presence of us signed & sealed y« 4 of desem 1678 

[Thomas Harris Senior] 
Nathaniell Waterman 

William Harris this : 4 : day : of December : 1678 came before 
me, and the above sd letter of Attorney owned to be his act 
and Deed : John Whipple Asistant 

The Wittnesess to y^ above sd letter of Attorney, Came before 
me this : 4''' : day of : December : 1678 : and owned theire 
hands as Attest John Whipple Assistant 

[Cushman Papers.] 

88 

Harris to the King [May, 1679]. 

Endorsed by Harris : — A coppy but not perfect &c 

To The Kings Moste Excelent Majesty The humble Petition 
of William Harris of patuxet & in behalfe of his partners in y^ 
s"^ patuxet In y Majestyes Collony of Rhod Island & provi- 
dence plantations &c In New england humblely Shewing 

That upon humble suplication for releif & information of our 
wrongs to y Majesty for fayr tryalls by y^ good Country In 
new england we might have remedy against divers parttyes for 



* Harris's seal is a letter H upon a heart, surmounted by the word 
VPRIGHTE on a ribbon curved in the shape of a half circle. It is repro- 
duced from a document of 1670 in Rider's Book Notes, xi: 109. 



268 RHODE ISLAND HISTORICAL SOCIETY. 

divers wrongs which y Majesty Gratiously granted by y order 
of ye 4'*» of August 1675 And by which we optayned five ver- 
dicts & foure Judgments, one of y^ sd verdicts & judgment 
being against the towne of Warwick & purchasers of y^ s'^ 
towne &c who had entered into our lands of patuxet, of which 
sd purchasers of y« sd towne of Warwick were one John Green 
& Randall Holdon in y^ s<^ Collony 

wherupon y« sd John Green & Randall Holdon petitioned to 
y Majesty* And then misrepresented theyr & our cas all to 
gether untruly stateing y^ matter, & y« easyer to bring to pas 
theyr designe sugjest against y Commitionors & petitioners 
severall things untrue saying in theyr complaynt y* y Commi- 
tionors of Massatusets were theyr profesed mortall enemyes & 
pretend from wrongs done to them thirty & five year since, at 
which time y« s** commitionors were not in new england, then 
therby not theyr such sd enemyes 

Randall Holdon & John Green saying y Commitionorrs of 
massatusets new plimoth & Conecticot sayd (at theyr saying 
they apeald to y Majesty) that it would be of II consequents 
to ye country to alow of Any apeale to y Majesty, wher as y 
s"^ commitionors in obedyence to y Majesty es command were 
then trying an apeal & gave Judgment upon y^ matter, & as 
they did not soe say nor credeble y' they soe sd, but when they 
s<^ they apeald answered to this efect. That y majestyes 
Command was y* they should doe Justice in y^ case without 
delay, but If for theyr saying they apeald (as they might all 
way upon every command by y= king to doe Justice) (& then 
Justice to be stayed) it would prevent all such remedy for any 
wrongs & give theyr s<^ words power to prevent y Majestyes 
command, when they pleased but soe to say 
but y Commitionors of Rhod Island sd It would be of II con- 
sequents to ye country to try any of y* cases y Majesty com- 
manded to be tryd, but one, for y* they had not bin first tryd 
at Rhod Island, yet y^ majestyes law forbids all Corporations 
to forbid suits in y^ kings higher Courts, but all ye other commi- 



* See note on p. 246. 



HARRIS PAPERS. 269 

tionors s'^ y Majesty commanded all to be tryd, & y majesties 
subjects by y Majestyes lawes use to commence theyr suits 
out of y^ Corporations for more Competent tryalls in some 
cases in y higher Courts, And as our adversaryes lay theyr 
Adherents errors on y« inocent, soe theyr our adversaryes 
guilt upon me of disloyallty to y Majesty by words have soe 
sugjested, for my speaking & writing against y^ usurpation &c 
of Oliver Cromwell in y« time of his sd tyrany &c, though our 
Adversaryes & theyr party soe adhered to him as to endict & 
procecute me for a supposed high treason Against y^ sd Oliver 
Cromwell, * wherby they make him supreame, they then ther- 
fore disloyall to his Majesty, & after they received & pro- 
clamed Richard his son with Joye of voluntary bondfyre, & 
Randall Holdon offered up a pitch barell to y^ top of a tree 
aboute which they made y^ sd fyre & on y^ top fassened y^ s"^ 
pitch barell, & by y^ s*^ fires light in y* dark night y« dymest ey 
may see by touching y^ sd pitch theyr loyalltys defyld be & 
not myne for speaking & writing against theyr proceedings of 
y* sort, And further to shew what they were I have theyr 
bookes in print here 

And where as Randall Holdon & John Green sugest we 
sued for & optayned insted of y^ lands of patuxet y^ lands of 
Warwick 

we of patuxet say we only sued for & optayned only as our 
lands of patuxet 

And only in our complaynt & demand use y^ names of y« 
towne & purchasors of Warwick for y' in y* Capasety they enter 
on patuxet, we must demand patuxet of them in law or y^ writ 
would have abated, And we have here our plea under publique 
test to prove y' of y^ s'^ Warwick we only demanded patuxet 

our Adversaryes say y^ Commitionors of Rhod Island were 
over voted by y^ other &c. 

we answer That they all none disenting voted y« Judgments, 
cost & damages alike (soe far as any voted) as apears under all 
theyr hands, & for any other objection they have made we 



* See entries in Calendar under date of 1657. 



270 RHODE ISLAND HISTORICAL SOCIETY. 

have writings under publique test to disprove, If need requir 

And where as y Majesty hath granted them y* all things re- 
mayne in y« same state as before y^ meeting of y^ Commition- 
ors untill we before y Majesty in Councill make out our title 
&c 

We moste humblely pray y Majesty permit us soe to doe 
first 

by our grants of y^ sd lands optayned of y^ Greatest Indean 
Monorch in actuall rule And command then there of all y^ In- 
deans in those parts y' ever y^ English there knew, our s^ grant 
bearing date aboute five years before our Adversaryes grant, 
under publique test. And under y^ like test y' our s'l granttor 
such was as afore sd And our sd title to y^ sd lands hath 
(first & last) bin Justefyd by seven verdicts six Judgments & 
two awards under publique test to sew, And by a grant by 
thyr granttor aboute five years before our Adversaryes & 
by confirmations by all theyr succesors under publique test to 
shew 

And That y^ sd John Green his grant of his part of y« sd 
land to one of our partners in patuxet y« sd John Green as 
one of our partnors sold for a valuable sum as land of patuxet 
under publique test I have to shew he proves our title by it 
And by y^ moste Antients record of y^ Antents towne in y^ 
Collony ye sd land of y^ sd patuxet oures 

And patuxet granted to us in perticuler by your Majestyes 
patent to y^ sd Collony 

And for as much as our Adversaryes notwithstanding all y^ 
fores^ truely & Impartially exspresed seeme dissatisfide & ob- 
ject ye incompetency of y^ Court, as to masatusets & conecti- 
cot thoughe we have far more cause to object acording to y^ 
equity of divers lawes y^ incompetency of Rhod Island who have 
of late sought my life & lands, & claime all land by patent 
right y* is not purchased within their patent line with much 
more apter to byas them then they of Massatusets as to our 
Adversaryes And our Adversaryes had & used voats to elect 
ye sd Jury men & commitionors & theyr partty & partnors 
Chosed ye sd John Green to be a commitionor, but some wiser 



HARRIS PAPERS. 271 

then sum put it somewhat like but made not soe bad a shew at a 
suden, Therfore for demonstration of Impartial! Justice between 
all persons concerned therin of Warwick & patuxet & patuxet 
& providence either as to lands called either providence patuxet 
or Warwick or as to any defference thereabout betweene any 
persons concerned as they or any of them are of either or each 
of y« sd places concerned with or against each other all may be 
fully heard truly tryd & Justly Judged & Impartially executed, 
by y^ most Competent Court in y^ s"^ case in New england, 
And by y^ moste Impartial! & least suspected Jury in y^ s^ 
Collony Acording to such forme of law as some times in some 
cases is used between y subjects in England y' at y^ last If 
posible Justice & peace may be optayned by y Majesty es 
Gratious order hitherto for want of Execution & restitution de- 
feated & made inefectuall that all such as may see or hear of 
ye same may by defeat & debillety be discouraged such a 
thing to atempt any more 

And therfore moste humble pray y Most Excelent Majesty 
That acording to y« equity of good law, And y Majesty es 
promesed favor In y patents to y subjects in New england 
That they shall have y^ liberty es & preveledges of y subjects 
in England which is to commence theyr suits out of y Corpora- 
tion wher they may live, in y Majesty es higher Courts for 
more Competent tryalls Acording to y^ equity ther of we being 
soe remote moste humbly beseech y Majesty That you will be 
pleased to grante y Royall order & Command to y Governor 
of New Plimoth that before him in y Court ther we may by y« 
Good Country have a fayr tryall as to all y^ differences before 
mentioned or y' yet remayne as to patuxet lands or any Con- 
cerns ther aboute between us or any y« fornamed, & y' as law 
requireth y^ sd Jury may be least suspected, & provided for 
as somtimes in some cases in England We pray y Majesty 
y' by ye order of y^ s"^ Govern & Court forty & eight persons 
of ye good Country may be nomenated as may be Supposed 
uninterested Impartiall & least suspected, out of which y^ 
tenants in law to take twelve he or they most suspect. And y^ 
demandant twelve whome he or they most suspect, And y' 



272 RHODE ISLAND HISTORICAL SOCIETY. 

some one apoynted by y^ sd Governor & Court take twelve 
of y« s^ twenty & foure y* shall be counted most meet in y^ s"^ 
cases to be y* Jury to try y« s^ matters 

And for y* after former use of Joyneing & pleading generall 
Issues, generall Issues are prohibited by y« law, axcept, as in & 
by law provided for, & yet generall Issues admited ther we 
humblely beeseech y Majesty y* y^ demandant & tenant may be 
put to Joyne perticuler honnest lawfull Issues or be compeld 
by y^ sd Court soe to doe, for y^ Clear pleading Certayne ver- 
dict & Just Judgment thereupon 

And I haveing bin undone by y* late war & spent y* litle left 
me (besyd my land noe revenue) on my sd suit in law pro- 
longed by ye Implakeabillety Coven & Colution of my Adver- 
saryes & theyr Adherents, which contayne those of Warwick & 
of providenc y* bear y^ present sway in y^ sd Collony of Rhod 
Island with others of y^ sd Collony to whome ten years since I 
lent some mony & payd it for them in london who six year 
since made an order I should be y« next payd * but yet I can 
get noe thing but wrongs of them, they owing me twenty pounde, 
which is now twentitimes more to me then before y^ late In- 
dean war ther Therfore humblely Implore y Majesty to 
grant y Order & Command to y s^ Governor & Court of new 
plimoth that I may have remedy by a fayre tryall by y^ good 
Country, & y' y^ s^ Collony of Rhod Island may be required 
by writ out of y sd Court of New plimoth to send theyr Aturny 
& Answer & abide y^ Judgment 

And by some persons officers in y^ sd Collony partially doe- 



*At the November session in 1679, the General Assembly had 
"Voted, whereas, there hath been moneys disbursed by Mr. William 
Harris paid to Mr. Deane, in England, to reimburse charge, for pro- 
cureinge the Charter . . . he be paid by the Generall Treasurer . . . the 
first money from the Treasurer thats drawne." (/?. /. Col. Rec, ii : 478). 
On 2 December, 1679, they again voted that "the said sum be truly 
paid . . . with all convenient speed " which order they suspended 5 
May, 1680, and again renewed 27 October, 1680 {Idem, iii: 75, 88,94). 
On 21 November, 1699, they voted that " Capt'n Arthur Fenner be paid the 
twenty pounds that was due to William Harris " (Idem iii: 384). 



HARRIS PAPERS. 273 

ing I have bin & yet am deprived of an administration of forty 
pound due to me & a brother of myne by y« death of a sister of 
oures yt dyed intestate * the sd administration granted to one 
y* was but a cusin or neere her husband one James Clarke & y^ 
Court there consisting mostly of his kindered & will & use to 
put in moste suspected Jury men in such cases therfore in noe 
exspectation of right there humblely pray y Majesty I may 
have a fayre tryall by y<= good Country in y« sd Court of new 
plimoth agaynst y« sd James Clark as to y^ s^ Administration of 
y^ sd goods & right ther to, which If y Majesty be pleased to 
grant will by y Majesty es Governor & Court be put in perform- 
ance which will enure an acknowledgment & obedyence to y 
Majesty es sovereignety by all y^ fore sd And will be incorag- 
ment to such as throughe fraylty ther happen to be opresed 
when releived, And y petitionor shall fervently & constantly 
pray for y^ long life & prosperous Reigne of y Majesty And 
Immorttall Crowne y* will never fade away y petitionor doth 
pray 

William Harris 

[From R. I. Hist. Soc. MSS. vol. 5, no. 928.] 



89 

Harris to Winslow, 25 September, 1679. 

Addressed by Harris : — ffor The Worshipfull The Governor 
of Newplimoth 



* William Harris and his brother Thomas had applied to the Town 
Council of Newport, 3 July, 1676, for administration on the estate of his 
sister, wife of Thomas Roberts (See p. 161). The relationship between 
Roberts and Clark is not apparent. In Harris's inventory, 1682, is men- 
tioned " One quarter part of ye Estate of ye deceased widdow Parnill 
Roberts, belonging to William Harris . . . in ye hands & custodye of 
James Clarke of Newport, which cannott be Come at to be now vallued " 
(Prov. Rec, vi : 85). 



274 RHODE ISLAND HISTORICAL SOCIETY. 

[ ] Governor And Majestrates of the Col 

[ ] blely shewing And praying 

That [ ] Kings Majesty Hath bin pleased to Grant His 

Royall Letters In favor of Justice (Bearing date at Winsor y^ 
g'h day of July 1679) To y selves Therin Commanding That 
Randall Holdon & John Green be Called before y« And Allsoe 
therin sd (As to y^ second Verdict) (And haveing in due 
maner Examined y^ pretentions of y^ s"* Harris unto lands 
possesed by them &c I Humble pray be pleased soe to doe 
And I shall make my apearance At your next Court, And If it 
pleas your Worships Convey summons to y« s^ Randall Holdon 
& John Green And any others whome you pleas to Call be- 
fore you. 

In behalf of y^ proprietors of patuxet 

William Harris 
25 Sept 1679 

[Cushman Papers.] 

90 

R. Smith to Sir Robert Southwell,* 29 September, 1679. 

Endorsed : — From Mr. Smith in the Narragansett to Sir 
R. Southwell. Reed the 5^"^ of March, 1679-80. 

Much Hounored Sir, my humbell servis presented to you 
with returens of my humbell thanks to you for your favor and 
kindness to me when with you relating to the furthering of my 
Petitions to be red, I was then in hopes that M*^ Randolph 



* Southwell (1635-1702) after filling various positions in the home and 
foreign diplomatic service, took up his residence at Spring Gardens, Lon- 
don, in 1669, where he continued to live, except when abroad on govern- 
ment business, during the rest of his life. He was a member of parlia- 
ment, and in 1679 was clerk of the privy council, which was doubtless one 
reason why Smith addressed him. 



HARRIS PAPERS. - 275 

would have gotten me outt orders on them both ; but I under- 
stand hath nott ; its probable Randoll Houldon and John Grene, 
Warwick Messengers might obstruct it by giving false infor- 
mation, as they have done in maney other things relating to 
the Naragansett Country and of the rest of the Coloneys in 
newe England and of M'' William Haris, whome they have 
most notoriously abused and forced a posetion on his interest, 
and those of Rhode Island comploys with them, and doe now 
since the coming home of these two base felowes Houlding 
and Greene force possessions on severall of ower Lands here 
in the Kings Province att Naragansett notwithstanding his 
Majts letters sent by them, comanding the Coloneys all of 
them the contrary, which made us the first settlers and 
ainctiant inhabitants drawe up a remonstrance and Peticcon 
humbly to present to his Maj^y requesting his gracious favor, 
we derected it to M"" William Harris in a letter, and deseyred 
him to deliver it for us to his majesty or gett it done; butt he 
is here arrived before it came to hand,* so that it lyes inclosed 
in that letter att his Landlords one John Stocks a Baker in 
Wentworth Street nere Spitell Felds, a copia of which I have 
here inclosed, requesting your favoraball aspect thereon and 
you would helpe us, that his Maj'y and Counsall maye have the 
sight thereof, and we have an ordor for ower release, which 
shall for ever oblege us. We are nowe Governed by Mens 
Wills and most of them Quackers, and of such and worse doe 
Rode Island consists ; they were left by the Kings Comish- 
onors as justices to order afayrs att present untell his Majesty s 
pleserses were farther knowne and instede of that they exaceys 
theyer Paten Right. 

Contrary to his Majesty s plesewer, it have latly writt to the 
King to beige this Naragansett Country which if granted, they 
will disposes the Inhabitanc here of theire rights, if it be to be 



* In a letter from Abraham Kick of Amsterdam, to Increase Mather, 15 
December, 1679 ^4 Mass. Hist. Socy. Coll., viii : 597), he writes: " I sup- 
pose Mr. Williams did write you ... by Mr. William Harris, whoe de- 
parted from hence the beginning of Septem[ber] last." 



276 RHODE ISLAND HISTORICAL SOCIETY. 

procured, I would your Honour would get the signoroty of it, 
as to Government and further settlements, which in proses of 
time would be very profitable to your selfe and posteraty. I 
have by a letter requested Squire John Lewen* to take up 
that remonstranc and Peticion, and advise with your selfe as to 
getting it presented, which I hope he will doe ; butt if that 
should miscerey, this inclosed is the same. I make bould also 
to acquaint you, that latly I was arested att Rhode Island, as 
by the inclosed Copia of theyer warent you may see,t no charge 
in it for what, and then deteyned from Seterday tell Wensday 
in the afternoon, and then they met the Gov and Counsall, and 
drewe up a charge: v^ for presenting a Petition in Eingland 
tending to the subversion of theyer Govern^ 2^^ for denying 
the Kings athoraty. y^ for charging their Court with injustis. 
The Peticions I presented was those you sawe, and about 6. or 
7. years since they came over to Naragansett to kepe Court & 
so sate by verty of theyr Charter, here in the Kings Province, 
which I forbid them to doe because of the Kings Comishonors 
ordr, which forbid aney to exacyes jurisdicion butt those 
apoynted by themselfs, and if that order was void then Con- 
eticott patten had presedens I told them, and as to charging 
them with injustis, I did not, butt might verey well relating to 
one M"" John Saffen a very fine discreet person who is a pro- 
pry ot or in Naragansett Countrey who set up an advertismenti 
to give notis that if aney person were willing to settell in Nara- 



* An English agent who, in 1680, was urging the claims of the Narra- 
gansett proprietors in London {Ca/. State Papers Col., Am. 6r* W. /., 
1677-80, no. 1532, 1537). 

t Signed 19 July, 1679. This, with Smith's petition and other docu- 
ments relating to to the affair, is printed in R. I. Col. Rec, iii: 49-52. 

% A printed broadside, headed " An Advertisement," dated Boston, 30 
July, 1678, and signed by Simon Bradstreet, John Safifin and Elisha 
Hutchinson. It is reprinted in R. I. Col. Rec, iii: 18, where there is the 
vote of the assembly which led to Saffin's arrest. Massachusetts retaliated 
by arresting Albro, a Rhode Island Assistant, in October, 1679. The 
various proceedings regarding the Narragansett lands are described in 
documents printed in R. I. Col. Rec., iii : passim. 



HARRIS PAPERS. 277 

gansett they might be acomodated att esey terms, and this 
was done in all places of the Countrey without asent, only att 
Rhod's Island they took asent . . . M"" Saffen, and the 
next time he came there arested him on a Sunday night, tryed 
him at theyr next Court in Maye last, tryed him by a Jurey 
that severall of them had forced posecion on his Land and the 
Foreman had presudged his cause beforehand, all which he 
chalinged of, butt could not have it granted, so brought him in 
Guilty of what they have noe Lawe for, that his Estate should 
be forsed to their Coloney all of it and fined him thirty pounds 
more to paye in money or to Ley in prison while payd, which 
money he paid, and if this be not injustis, I knowe not what 
is. I must come to a tryall before them next October, and if 
they abuse me, at that rate as I question not but they will, I 
will move to Eingland and have it rehard, where I will waight 
one you, soe I beige your pardon in being so bould to acquaint 
you with what is here expresed, and to request soe greate a 
favour of you after former, butt ame the more imbouldned be- 
cause I knowe your good nateur, and that your inclynacon is to 
helpe those that are wronged, and that you layd your com- 
mands one me to wright to you of the afayers of this Cuntry, 
which makes me the boulder. Here is peace noe hostilaty or 
warr, the heathen most killed & taken sume are fled remote 
and doe no damage. A prodigious and dredf ull fyer hath latly 
hapned in Boston Towne, in which is conseumed att least 
200000;^ sterling ; sume thinke it sett on feyr by deseyne, by 
Bapist but not knowne ; it bracke out betweene 12 and one a 
cloke in the night ; * we are sume what alarmed at the French 
Fleat in West Indya for feare they have a deseyne one new 
England — a greate yeare for frute & Coren ; Sider in abundans. 
Much hounored Sir I have nott else butt wishing the prosper- 



* The Boston fire of 7 August, 1679, destroyed eighty dwellings and some 
seventy warehouses. In October, the general court ordered ten persons to 
be banished as incendiaries. Cotton Mather and others declared it to be 
divine punishment for the wickedness of the town, and the Quakers held 
that it was a fulfilment of their prophecies. 



278 RHODE ISLAND HISTORICAL SOCIETY. 

ety of your self e your Lady and children, I remayne your most 

Rich^ Smith 



oblig'' and humbell servant 



From Naragansett in Kings Provenc this 29* day of Sept"^ 
1679. 

[Transcript in the John Carter Brown Library from the 
original in the Public Record Office, London, Colonial Papers, 
vol. xliii, no. 129; see Cal. State Papers Col., Am. & W. I., 
idyySo, no. 1 1 32.] 

91 

Proceedings of Rhode Island Council, 
September-December, 1679. 

At a Meeting of the Gen''^ Councell of his Majesty s Collony 
of Rhode Island and Providence Plantations Conveaned by the 
Governours Warrant and held in Newport the 30*'^ of Septem- 
ber 1679 (^t th^ house of Robert Lawis)* 

Where was present 

Majo"" John Cranston Governour Cap* John Albro Assistant 
Walter Clarke Dep'. Governo"". John Sanford Assista^ 
Caleb Carr Assistant Cap*. Samuell Gorton AssistaT" 
Thomas Ward Assista^T Thomas Green AssistaT" 

Joseph Clarke AssistaT^ 

His Majesty s Letter brought by William Harris being Read 
This Councell haveing Seariously perussed and Considered his 
Majties Gracious Letter to us from his Royall Court at Winsor 
beareing date the 9*^ of July 1679 Concerning Verdicts Oba- 
tained in favour by William Harris and partners, at an 
Especiall Court held by his Maj"^^ Authorety ; by Comissioners 



* Probably Robert Lewis, of Newport, who made his will 12 April, 1682. 



HARRIS PAPERS. 279 

of the four Collonys Viz Massathusetts Plymouth Conecticutt 
and Rhode Island &c : against John Towers of Hingham, 
Gregory Dexter and others, John Horrud and others, and Ed- 
mund Calverly & others 

In true Complyance unto his Maj*'es Royall Comands wee owne 
all due Allegience in the performance thereof ; and that Jus- 
tice accordingly may be done : here not beinge the persons 
who are Charged to be the offenders ; And that they may 
have Notice (if it may be) to know whether they are willing to 
Comply to his Maj^'^s Coiriands without Execution, and alsoe 
for further Consideration of the p''misses it being a Case of 
great moment and Concerne This Councell doe Adjourne 
untill the 20*^ day of this Instant month October then to meett 
againe at Newport, 

And alsoe it is agreed that Notice hereof be given to the 
severall persons Concerned or to soe many of them as Con- 
veniently may have Notice that they appeare before the said 
Councell, and the Governo"" is desired to signe what shall be 
sent to the severall persons. 

Capt". Arthur ffenner and m' Gregory Dexter and whoe 
else it may Concerne of the Towne of Providence. 
Gen'i™ : 

The Governo'' and Councell haveing Recieved and 
perussed a letter from his Majesty ; brought by m"" William 
Harris wherein wee are Comanded to grant forth Execution in 
severall cases between the said Harris and others at an 
Especiall Court held by Comissioners of the four Collonys at 
providence, wherein wee perceive a Verdict and Judgment was 
against your selves. That his Maj^'^* Comands may be truly 
performed, this Councell have adjourned untill munday the 
20^h of this instant October then to meet againe in Newport 
to know whether you will Comply in the performance of the 
Judgment of the said Court without Execution, and you are 
desired to bring the platt presented to that Court with you, to 
the Councell at their next sitting that soe wee may be the 
better informed in proceeds. You are alsoe desired to informe 



280 RHODE ISLAND HISTORICAL SOCIETY. 

the Assistants at providence of the Councells meeting, and 
that their Company & Assistance is then desired and Re- 
quired. 

John Cranston Governc. 
Signed in Newport the 2*^^ of October 1679 

John Horrud, Roger Burhngham and Thomas Relph &c 
The Governo"^ and Councell haveinge Recieved and perussed a 
Letter from his Majesty, by m"" Wilham Harris wherein wee 
are Comanded to grant forth Execution in severall Cases be- 
tween the said Harris and others, at an Especiall Court held 
by Comissioners of the four Collonys at providence, wherein 
wee percieve a Verdict and Judgment was against yo"" selves ; 
That his Maj'^^s Comands may be truly performed, this Coun- 
cell have adjourned untill munday the 20'*> of this Instant to 
know whether you will Comply in the performance of the said 
Judgment without Execution. 

John Cranston Governo^ 
Signed in Newport the 2"^ of October 1679. 

Octo^ 20 : 1679 the Gc. and Councell mett, & adjourned till 
the 29*11 Instant : Octob"" : 29 : the Go*" & Councell mett and ad- 
journed till munday y^ 3 of Novem' next. No^ 3 : 1679 the 
Governo"' and Councell mett where was present At Newport 

Majo"^ John Cranston Governc Joseph Clarke AssistaT 

Walter Clarke Dep' Governo"' Stephen Arnold Assistant 

Caleb Carr Assistant Cap* Arthur ffenner AssistaT" 

Thomas Ward Assista^T John Sanford AssistaT 

And upon searious Consideration Ordered : That the Governo"" 

be pleassed to send forth warrant to M"" Dexter Capt" ffenner 

and the Inhabittants of providence to appeare at the next 

meeting of this Councell. 

This Councell is adjourned untill the ly^^ of this instant 

November. 



HARRIS PAPERS. 281 

To m'' Gregory Dexter Capt" Arthur ffenner and the Rest of 
the Inhabittants of the Towne of providence. 
Gent'"^. 

The Governo'' and Councell haveing been Comanded by 
his Maj"^ to grant forth Execution in a Case formerly brought 
to Tryall at an Especiall Court of Comissioners between m"" 
Wilham Harris & partners and yo"" selves ; and being desireous 
that his Majt'es Comands may be performed in the Justist way 
that may be, have adjourned untill the 17*^ day of this Instant 
November at Newport in Expectation at that time to have 
more full information of the true state of that matter, There- 
fore these are in his Maj"^^ Name to desire and Require you 
either by yo"" selves or Representetives to appeare before the 
Councell on the said 17^^ ^j^y hereof you are not to fayle. 

John Cranston Governo'' 
Signed in Newport the 5"^ day of November 1679 

To Cap*" Arthur ffenner and m"" John Whipple (or either of 
them) Assistants 

You are in his Maj^'^s Name hereby desired and Required to 
take Efectuall Care with all Convenient speed to Call the free 
Inhabittants of the Towne of providence together in Order to 
the performance of the above written hereof ffayle not. Signed 
in Newport the $^^ day of November 1679 

John Cranston Governo'' 

November 17*: according to the aforesaid Adjournment the 
Governo'' and Councell mett : where was present 

Majo'' John Cranston Governo'' Arthur ffenner Assistant. 

Walter Clarke Dep* Govern'' John Whipple Assista'' 

Caleb Carr Assistant John Sanford Assista^T 

Thomas Ward AsistaT Thomas Green Assista"" 
Joseph Clarke Assista^T 

The Kings Most Excellent Majesty Our Soverreigne Lord 
Charles the Second King of England Scotland ffraunce and Ire- 



282 RHODE ISLAND HISTORICAL SOCIETY. 

land Defender of the faith &c, by his Royall Comands in his 
Letters from his Court at Winsor beareing date the 9*^ day of 
July 1679 in the Thirty first Yeare of his Reigne, haveing been 
pleased to Cofnand the Governo^ and Majestrates of this his 
Majt'es Collony of Rhode Island and Providence Plantations to 
Cause the first and three last Verdicts and Judgments of an 
Especiall Court begining and held at the Towne of Providence 
in the Collony aff ore-said the 3^ day of October 1677 to be duly 
Executed, accordinge to the said Verdicts and Judgments 
thereon : the said Actions being Comenced by m'' William 
Harris and Partners, against John Towers of Hingham, 
Gregory Dexter and others, John Horrud and others & Ed- 
mund Calverly and others : 

As loyall subjects in due and true Obedience unto the Coihands 
of Our Dread Soverreigne. Wee the Governo'' and Majestrates 
of his Majtie^ Collony afore-said haveing inspected the said 
Matters ; Have and doe Order that Executions be Issued forth, 
and posession given unto the said William Harris and his part- 
ners according to the severall Verdicts and Judgments of the 
said Especiall Court in Refferance unto the land of pawtuxet 
and the Damages and Costs by them adjudged and exprest in 
the said Verdicts and Judgments : And by his Majesties 
Royall Comands to be performed. 

And for the absolute performance of the premisses Wee have 
Constituted appointed and Empowred John Smith of the 
Towne of Newport to be Marshall In the serveing and per- 
forminge, the Severall Executions and giveing posession of the 
said Lands at pawtuxett unto the said William Harris and 
partners according to said Verdicts of Jurry and Judgments of 
the said Court. 

And for the speedy efecting thereof Wee have Ordered the 
said John Smith forthwith to Repaire to the said pawtuxett in 
the Towne-ship of Providence afore-said and there apply him- 
selfe to the said William Harris and partners, that they shew 
him the lands by them Claimed, and are truly Contained in the 
said Verdicts, that soe the said John Smith may give them 
posession upon the said lands or part thereof according to the 



HARRIS PAPERS. 283 

Verdicts. And Wee Order that this be done and performed 
with all Convenient speed. 

And Therefore have Issued forth two Executions, the one 
against M"" Gregory Dexter Capt" Arthur ffenner and the 
Towne of Providence, the other against John Horrud Roger 
Burlingham and Thomas Relph. And in Reference to the 
Verdict and Judgment against John Towers of Hingham, the 
plantiff William Harris under his owne hand and before this 
Councell haveing declared himselfe Satisfyed in that Case as 
to the damages and Costs, and soe withdraws the granting of 
Execution thereon : Yett as to that part of the Jurrys verdict 
Relateing to the lands. Wee Order that Execution be given 
forth the plantiffs paying the Charge thereof : 
And Wee Order that the Governo'' and such of the Majestrates 
as Can Conveniently doe signe the Executions 
Novemb"" : 24 : the afore-Named m-" John Smith before the 
Governo^ and Majestrates gave Oath to the place of a Mar- 
shall for the true and faithfull performinge the severall Execu- 
tions : 

To M'' John Smith of the Towne of Newport appointed and 
Empowered to serve and performe this ffollowing Execution. 

Whereas his Most Excellent Majestic Our Dred Soverreigne 
Charles the Second of England Scotland ffraunce and Ireland 
&c King defender of the faith &c. Hath been pleassed by 
his Royall Letters from his Court at Winsor beareing date the 
9* day of July 1679, To Comand the Governo''. and Majes- 
trates of this his Collony of Rhode Island and providence 
plantations &c to Cause the due Execution of Verdict of Jurry 
and Judgment thereon, at an Especiall Court of Comissioners 
held at Providence October the third 1677. In the Complaint 
of Thomas ffield and William Harris in a plea of Lands at 
pawtuxett. Against m"" Gregory Dexter, Capt" Arthur ffenner 
and the Towne of providence tennants by force in not runing 
an equall line between pawtuxett River and Wenasquetucett 
River, The Jurrys Verdict being in these Express words. 



284 RHODE ISLAND HISTORICAL SOCIETY. 

Wee finde for the plantiffs two pounds in Mony damage and 
Cost of Court, And alsoe that the said defendants run the 
afore-said line equally between pawtuxett river and Wenasque- 
tucett river till they meet with a thwart line from the head of 
Wenasquetucett, directly runing to pawtuxett river. 

In Obedience unto and for the true performance of his Maj^^e^ 
Royall Comands, These are In his Maj^'es Name to Empower 
Authorize, and Require You John Smith with all Convenient 
speed to Repaire unto the aforesaid lands at pawtuxett, and 
there give peaceable and quiett posession unto the said Thomas 
ffield and William Harris of those lands at or of pawtuxett by 
them sued for, according to the express words of the afore- 
said Verdict, and Judgment of Court thereon 
You are alsoe Required to levie and Execute on the afore-said 
defendants m"" Gregory Dexter, Cap'^^ Arthur ffenner, and the 
Towne of Providence, their Lands goods Cattell or Chattells 
the full sum of two pounds in Mony the damage given in the 
said Verdict, and the sum of Ninteen pounds nine shillings and 
tenn pence in or as mony the bill of Cost allowed by said Court, 
and the said sums truly to deliver or cause to be delivered 
unto the said plantiffs Thomas ffield and William Harris or 
unto their lawfull Order. You are alsoe authorized to levie and 
Execute the Costs and Charges by law due for this Execution 
and the Serveing thereof : And you are with all Convenient 
Speed to make a true Returne of your proceeds herein unto 
the Governo'' of this Collony, hereof fayle not : 

Given under Our hands the 24th day of November in the 
thirty first yeare of his Maj^'^^ Reigne 1679 

John Cranston Governc 
Caleb Carr Assistant 
Joseph Clarke Assistant 
Arthur ffenner Assistant 
John Sanford Assistant 

[The warrants to Smith to serve execution upon Harrud, Burlingame, 
and Ralph, as well as upon John Tower, are here omitted, since they are 
drafted in almost identically the same language as the preceding warrant]. 



HARRIS PAPERS. 285 

To m'' John Smith of the Towne of Newport appointed and 
Empowered Marshall for the serveing three Executions Given 
forth by the Governo'' and majestrates of this his Majt'^s Qq\. 
lony of Rhode Island and providence plantations &c In 
Obedience to his Maj^'^^ Comands by his Royall Letters dated 
at his Court at Winsor the g'^ day of July 1679 (said Execu- 
tions dated the 24*^ of November 1679. 

In true and faithfull Obedience to and Complyance with his 
Royall Majesty s Comands and that the said Execution may be 
duly and truly Executed, all persons within this his Maj*'«s Qq\. 
lony afore-said are hereby in his Maj^es Name Comanded and 
Required to Yeild all due obedience, and Assistance as need 
shall Require unto his Maj^'^s Authorety, by the Governo'' and 
Majestrates given you in the said Executions for the due Exe- 
cution of the premisses in each Execution Contained and Ex- 
prest, and as need doth Require You are Empowered to 
Require and take sufifitient ayde and Assistance for the per- 
formance thereof, whereof they are Not to fayle at their perrill. 

John Cranston Governo"" 
Caleb Carr Assistant 
Joseph Clarke Assista* 
Arthur ffenner AssistaT 
John Sanford Assista~ 

M"" William Harris and partners 
Gen*'"". 

These are to informe You that according to his Majt"^^ 
Royall Comands to us ; and Yo"" desires wee have granted forth 
Executions in three Casses, Viz. against John Towers of Hing- 
ham, m"" Gregory Dexter Cap* Arthur ffenner and the Towne 
of providence, John Harrod Roger Burlingham and Thomas 
Relfe, and have appointed m"" John Smith of Newport a Mar- 
shall for the serveing and performing the said Executions ; 
And have advissed him to apply himselfe to you"" selves, that 
you acompany him to the said lands at or off pawtuxett, that 
are truly Contained in the severall Verdicts to be Executed on. 



286 RHODE ISLAND HISTORICAL SOCIETY. 

and posession given accordingly, and of him take posession 
thereof ; and alsoe to shew him the true Estate of the defend- 
ants to be Executed on for damage and Costs according to the 
said Executions. 

Signed In Newport by Order of the Governo'' and 
Majestrates the 24*'' of November 1679 

John Sanford Secretary. 

By Vertue of the Governo" Warrant the Councell Mett at 
Newport Decemb'' 15 : 1679 : in Order to Recieve the Returne 
of the Marshall John Smith Concerning the severall Execu- 
tions he was Authorized to serve and performe : 

where was present. 

Majc John Cranston Governo'' Joseph Clarke Assistant 

Walter Clarke Dep* Governo'. John Albro Assistant 

Caleb Carr Assistant John Sanford Assistant 
Thomas Ward Assistant 

To the HonC'i the GovernC. and Majestrates of his Majt^^^ 
Collony of Rhode Island and Providence Plantations &c in 
.New England : 

The true and faithfull Returne of John Smith Empowred 
Marshall for the serveing of three Executions given in favour 
of William Harris and partners, Is Humbly Presented. 
By vertue of a Comission from you Recieved dated the 24*^ 
day of Septmb''. 1679 and unto me directed I was inabled to 
serve and performe (the above) three Executions as in them 
was Contained and Exprest upon the reciept of which, I in 
Complyance thereto did Repaire unto the lands at or off paw- 
tuxett, and to the Towne of providence. And did there arive 
the v^. day of this instant, the second day I applyed my selfe 
to William Harris and partn''^ at Nathaniell Watermans house 
in the said Towne of Providence, and to them I delivered the 
writeinge or Noat from yc HonC^ directed to them, the which 
being Read they desired to see my Comission I complying 



HARRIS PAPERS. 287 

therewith, it was read Hkewise the Execution against John 
Towers, and what else they desired, with all which they seemed 
to be well satisfyed. Then I desired of them a Copy of the 
bounds of the lands they sued for, and were to be posest of ; 
under their hands, that there by I might be the more Capable to 
discharge that trust Comitted unto me in the serveing the said 
Executions, and have some thing for my defence (under their 
hands) against any that after might question mee, with which 
they Complyd saying twas good Reason and that I should have 
it, I then quiered how the Claime of John Towers was bounded, 
William Harris Replyed he had not then the deed, but it came 
Eastward to pachassett river, so wee appointed the c,i^ day of 
the weeke being the 4''^ day of the mo"' for they to acompany 
me to the lands they were to be posest of, and of me to take 
posession accordingly, and then to meet at the dwelling of 
William Harris at pawtuxet, the 4*^' day being come some that 
I had Comanded as my Ayd being a foot, I ordered with others 
that were then abscent to meet where one Ephraim Carpenter 
lived by pachassett river,* it being neer the lands sued for, and 
neer the place where the grand Controversie between s^ Har- 
ris and partners, and the Towne of Providence began. And I 
would ride and Call William Harris and partners and Come to 
them and from thence goe to the lands afore sd. And Com- 
ing to the said William Harris his dwelling, where was 
present with him his two partners viz Thomas ffield and 
Nathan^i Waterman, unto them I applyed my selfe and desired 
a Copy of the bounds of the lands they sued for as they had 
promissed, but they Refussing would not, Then I desired them 
to acompany me, to the place where Ephraim Carpenter lived 
where my Ayd was, and from thence to the said lands, and 
after a small pause they seemed to be willing and in short time 
hasted away, and haveing gon some distance from s^ place of 



* Carpenter married Harris's daughter Susanna in 1677, about which 
time he removed to Oyster Bay, Long Island. In 1670 he had received 
from his father, William Carpenter, the house at Rocky Hill, near the 
present village of Arlington. 



288 RHODE ISLAND HISTORICAL SOCIETY. 

Harris his dwelling I Judged that was not my way, and caussed 
a jenerall halt, and had some debate with said Harris and 
partners : ffor the substance of which, I Referr you to the 
Insueing Testamonys of credable persons (being there present) 
taken by the Authorety which is as followeth, 

Viz* I. Capt° John Green* aged about 59 Yeares being de- 
possed Testefyeth that he being present together with John 
Smith Impowred Marshall (to give posession of severall 
lands sued for by William Harris and partners at paw- 
tuxet at a speciall Court of Comissioners held at provi- 
dence the third day of October 1677) and John Arnold, at 
and neer the dwelling of s'^ William Harris of pawtuxett 
where was present with s<i Harris his two partners Thomas 
ffield and Nathaniell Waterman, of whome the said Smith 
desired a Copy of the bounds of those lands they sued for 
that thereby he might be Capable to give them posession, 
and in pertickular those of John Towers his Claime in Re- 
gard that was the first they sued for, but they Refussing 
William Harris said he would goe to Meshantatatt, The 
said Smith desired him and them to hear his Coinission, 
and goe to Ephraim Carpenters (where his house was by 
pachassett river) for there he had appointed his Ayd to 
meet him, but they all Refussing would Niether here the 
Coinission nor goe with the said Smith, on which the said 
Smith together with my selfe and John Arnold went to 
the afore-said place where Ephraim did live, where his 
Ayd was attending, and after a Considerable stay for Wil- 
liam Harris and partners (and they not Coming) left two 
men of his Ayd, and went with the rest on the lands sued 
for : The above John Arnold t aged about 30 yeares being 
depossed Testefieth the truth of all thats above written : 
This was Taken upon Oath the 4*'^ day of De- 
cember 1679 By mee Stephen Arnold Assistant 



* John Greene of Warwick (1620-1708). 
t John Arnold of Providence (1648-1723). 



HARRIS PAPERS. 289 

2 Capt" John Green aged 59 yeares and John Arnold aged 

30 yeares, being depossed according to law Testefyeth, 
that they being in Company with William Harris and 
partners, at and Neer William Harris his house or dwell- 
ing at pawtuxett where they heard severall passages of 
discourse depending between John Smith and William 
Harris & partners touching giveing posession, where the 
said Marshall John Smith desired and demanded of s^ 
William & partners to acompany him to Ephraim Car- 
penters where his Ayd was, and from thence to acompany 
him and Ayd to the lands of pawtuxet they sued for, The 
said Harris and partners Refussing would not, the s^ 
Smith on that their Refuse, said he Expected there to 
meet them, and did not then at all promiss to meet or come 
to William Harris and partners to any other Place (as wee 
heard) the above adjetation was on the 4"» day of Decem- 
ber 1679 : 

Taken upon Oath the ^^^ day of December 1679 By 
mee Stephen Arnold Assistant 

3 And that William Harris and partners did not Come to the 

place appointed that day appears by the insuing Testa- 
mony 
viz Capt"^ William Hopkins * aged 32 yeares and John Arnold 
aged 30 yeares being both depossed according to law Tes- 
tefyeth that they being Comanded to Assist John Smith 
Marshall in giveing William Harris and partners poses- 
sion of those lands they sued for at an Especiall Court of 
Comissioners held at Providence October the third 1677, 
at pawtuxet the s'l Smith Ordered the said William Hop- 
kins and John Arnold to stay where Ephraim Carpenter 
lived for William Harris and Partners, and w" they came 
to Conduct yn unto the said Smith & Marshall, that staled 
on the said lands of pawtuxett w^'^ they sued for, that they 



* William Hopkins of Providence (1647-1723), who included surveying 
among his other occupations. 



290 RHODE ISLAND HISTORICAL SOCIETY. 

there might take possession according to the Express 
words in the verdicts and Judgments thereon. And there 
they stayed till sun sett but Niether Harris nor partners 
Came : 

Taken upon Oath the 4*^ day of December 1679 By 
me Stephen Arnold Assistant. 

4 And that I was on the lands (sued for &) claimed by John 

Towers, and tendered posession according to my Comis- 
sion (and Execution) appeares by the Testamonys on the 
back side thereof In these words following 
viz Capt" John Green Aged 59 Yeares or there abouts being 
depossed according to law testefieth that on the 4'^ day of 
Decem"" 1679, he being with the within Named John 
Smith Marshall on the lands at or of pawtuxett, which the 
within plantiffs sued the within defendant for (as an 
Assistant unto the said Smith in the giveing posession 
as is within Exprest did here the said Smith make 
proclamation three severall times, Calling for the within, 
William Harris Thomas ffield and Nathaniell Waterman 
to Come and here the within Comission Read and take 
posession according to the Contents thereof, and then read 
over the within Comission, and cutt up a turff and twig 
and made proclamation as before Calling the said William 
Harris and partners three severall times, to Come and Re- 
cieve posession accordingly and staying untill sun sett, and 
none appeareing wee departed from said lands and further 
sayth not 

Taken upon Oath the 4* Day of December 1679 
By me Stephen Arnold Assistant. 

5 Cap*. Andrew Edmunds Aged 40 yeares or thereabouts, 

and John Louell Aged 28 yeares, and Samuell Winsor* 
Aged 35 Yeares, being Depossed according to law teste- 
fieth the truth of all y'^ above written 



* Andrew Edmunds of Providence (1639-1695), John Lovell of Provi- 
dence (1651- ) and Samuel Winsor of Providence (1644-1705). 



HARRIS PAPERS. 291 

Taken upon Oath the 4'^ D^y ^f December 1679 By 
mee Stephen Arnold Assistant. 

And that I tendered posession of the lands m"" Gregory- 
Dexter, Capt" Arthur ffenner and the Towne of providence 
was sued for (according to my Comission) appeares by 
the testamonys on the back side thereof in these words 
following 
viz 6 Capt" John Green Aged 59 yeares or thereabouts being 
depossed according to law testefieth that on the 4* day of 
Decemb"". 1679, he being with the within named John 
Smith Marshall at the lands at or off pawtuxett which the 
within plantiffs sued the within defendants for (as an As- 
sistant unto the said Smith, in the giveing posession as is 
within Exprest, Did heare the said Smith make proclama- 
tion three severall times. Calling for the within, William 
Harris and Thomas ffield to come and heare the within 
Comission Read, and take posession according to the Con- 
tents thereof, And then Read over the Comission, and 
Cutt up a turff and twig and made proclamation as before 
Calling the said Thomas ffield and Willia^ Harris three 
severall times to Come and Recieve posession accordingly, 
and staying untill sunsett, and none appeareinge wee de- 
parted from said lands. And further saith not : 

Taken upon Oath the 4'^ day of Decemb^ 1679 By 
mee Stephen Arnold Assistant. 

7 Capt" Andrew Edmunds, aged 40 yeares or thereabouts, And 
John Louell aged 28 yeares and Samuell Winsor aged 35 
yeares being depossed according to law testefyeth the truth 
of all thats above written : 

Taken upon Oath the 4"^ day of December 1679 By 
mee Stephen Arnold Assistant. 

And that I tendered posession (according to my Comis- 
sion) of the lands Harrud, Burlingham and Relfe was sued 
for, Appeares by the Testamonys on the back side thereof 
in these words ffollowing 



292 RHODE ISLAND HISTORICAL SOCIETY. 

viz 8 Capt" John Green Aged 59 yeares or thereabouts being 
depossed according to law testefyeth that on the 4*^ day of 
December 1679, he being with the within Named John 
Smith Marshall on the lands at or of pawtuxett which the 
within plantiffs sued the defendants for (as an assistant 
unto the said Smith in the giveing posession as is within 
Exprest, did heare the said Smith make proclamation three 
severall times Calling for the within Thomas fifield Nathan- 
iell Waterman and William Harris to Come and heare the 
within Comission Read and take posession according to 
the Contents thereof, and then Read over the within Com- 
ission, and Cutt up a turff and twig, and made procla- 
mation as before. Calling the said William Harris and 
partners three severall times to come an Recive posession 
accordingly and staying untill sunsett and none appeareing, 
wee departed from the said lands, and further sayth not. 

Taken upon Oath the 4*'^ day of December 1679 By 
mee Stephen Arnold Assistant 

9 Capt° Andrew Edmunds Aged 40 yeares or thereabouts, and 
John Louell aged 28 yeares, and Samuell Winsor aged 35 
yeares being depossed according to law testefyeth the 
truth of all thats above written : 

Taken upon Oath the 4''' day of Decemb"" 1679 By 
mee Stephen Arnold Assista^T 

Haveing proceeded and passed through matters as is be- 
fore Impartially by me Related, I shall goe on with the 
Second, and leave it to yo'' Hono'^^ discressions to Judge, 
whether or noe, William Harris and partners ever Intend- 
ed to be posest of the said lands they sued for and to 
have the daiiiage and Cost (allowed them by the Court) 
according to my Comissions, And first with Nathaniell 
Watermans Disincouragm* I begin. Referring yo"" HonC* 
to the testamony of John Louell which is as ffolloweth : 
viz ID John Louell aged 28 yeares or thereabouts being de- 
possed testefyeth and saith that on the fifth day of De- 



HARRIS PAPERS. 293 

cemb"" 1679, as he was Coming home toward the Towne of 
Providence (from the assisting the Marshall John Smith, 
who Comanded him to attend and assist him in the give- 
ing posession to William Harris and Partners of the lands 
of Pawtuxett according to verdicts of Jurry, and Judg- 
ments of Court thereon, as in the said Smiths Comission 
was Contained and exprest) he the said Louell mett with 
Nathaniell Waterman, one of the s'' partners, & Notwith- 
standing the s'^ Louell was Comanded, by vertue of a war- 
rant from the Authorety of this Collony of Rhode Island 
&c (given in favour of William Harris & partners) in his 
Majoes Name to accompany the s^ Smith, in the execution 
of his Comission ; Yett the s"^ Waterman Reflected on him 
the said Louell for soe doeing saying why goe you fooling 
and spending yo'' time and Neglecting yo"^ bussines, the 
s"^ Waterman then being partn'' w'^ s<* Harris to Recieve 
the posession which y« s^ Louell was Engaged to assist in 
giveing of, And further saith not at present memory 

Taken upon Oath the 5"^ day of Decemb"": 1679 By 
mee Stephen Arnold Assistant : 

Haveing proceeded as afores<^ I waited the 5"^ day of the 
Mo''^ expecting to have seen s^ Harris & partn''^ with In- 
structions for the Executing the latter part of my Coinis- 
sions, but not speaking with them, the next day I was in- 
formed that William Harris (the principle Person) was gon 
towards the Narragansett, soe I waited untill the 8'^ day of 
ye Moth, and heareing Nothing from them Coinanded Ayd, 
& did proceed, as the testamonys hereunto annexed doth 
in substance declare w^^ are as ffolloweth. 
viz 1 1 Capt" John Green Junio"". Aged 28 yeares or thereabouts, 
and John Cornish aged 21 yeares or thereabouts being En- 
gaged according to law testefyeth, that they being desired 
and Required on the 8*'' day of Decemb"" 1679 to acorn pany 
John Smith Marshall, who was impowred to deliver poses- 
sion of Severall lands at pawtuxett sued for by William 
Harris and partners, at a speciall Court of Comissioners 



294 RHODE ISLAND HISTORICAL SOCIETY. 

held at providence October the third 1677, as in the 8"^ 
Smiths Comission from the Authorety of Rhode Island 
given in favour of s^ Harris is fully Contained & Exprest, 
did on the 8*^ day abovs^ acompany the s"^ Marshall unto 
the dwelling of said Harris at pawtuxett, but he being not 
at home, he applyed him self e to the daughter of said Harris 
Called Howlong, who informed that her father was gon to 
Narragansett, the s^ Marshall told her he came to demand 
of him the fees due by law in the Case of John Towers, 
w**^ whome her father had Comply ed (and to shew him the 
Estate of the defendants to be Executed on for the Cost 
and Dairiages Contained in his Executions, the said How- 
long Replyed that her father had Recieved some of the 
mony of Towers, And had left his brother Thomas Harris 
his Attorney, and she had Carried that s'^ letter of At- 
torney to him : 

Taken upon Oath this 9'^ of Decemb"" 1679 Before 
Samuell Gorton Assistant : 

The said William Harris not being at home but haveing 
left an Attorney I with my Ayd went to the Towne of 
Providence where the s^ Attorney lived, & proceeded (as in 
substance) these following testamonys doth Relate w^h are 
as ffolloweth : 
viz 12 Capt" John Green junio'', aged 28 yeares or thereabouts, 
and Massey Mallery aged 27 yeares, and John Cornish 
aged 21 yeares or thereabouts, being depossed according to 
law testefyeth, that they being Required to acompany 
John Smith Marshall who was Empowred to give poses- 
sion of severall lands at or of pawtuxett sued for by 
William Harris & partners at a speciall Court of Comis- 
sioners held at providence October the third 1677, as in 
the said Marshalls Comissions from the Authorety of 
Rhode Island and providence plantations, given in favour 
of said Harris and partners is fully Contained and Ex- 
prest, Did on the 8* day of December 1679, acompany the 
said Marshall to the Towne of Providence, and unto the 



HARRIS PAPERS. 295 

dwelling house of Nathaniell Waterman, who is one of 
s"^ Harrises partners, but he not being at home they 
went to the dwelling house of Thomas ffield the other of 
s^ Harrises partners, but he not being at home the said 
Marshall spake with his wife asking where her husband 
was She Replyed he was in the woods, the s^ Marshall 
desired to know where and he would goe to him, she Re- 
plyed he could not find him, on which they departed and 
went to Thomas Harris Brother to the above William 
Harris, who said he was an Attorney for his Brother (the 
s'l William Harris) the s'^ Marshall desired him to shew 
him his letter of Attorney or to lett him heare it, but he 
possetively Refussed saying, he would not act nor doe 
any thing in behalfe of his brother the s'^ Willia^ Harris 
without the said Marshall would give him posession of the 
lands of Meshantatat, and Run the thwart lines and the 
deviding lines : The said Marshall demanded his fees due 
by law in the Case of John Towers, and to shew him the 
Estates to be Executed on for Costs and damages Con- 
tained in the Executions, the which he possetively Re- 
fussed, & would not, the s^ marshall desired to know if 
that was his answer, he the s'^ Thomas Harris Replyed 
Yes ; On which the s^ Marshall desired the above de- 
ponants to bear witness. The said Harris likewise desired 
them to witness for him, on which the above [deponant 
Jn° Greene Replyed saying M"' Harris since] you desire it 
lets heare it againe, on which the said Harris Replyed as 
aforesaid : soe they parted and went with the said Mar- 
shall, to Samuell Winsors, and after some time Came John 
Whipple of Providence (& Assistant or Majestrate) and 
with him the above s^ Thomas Harris, and desired to 
speake with the s'^ Marshall which accordingly they did, 
the s"^ Harris desired to heare the Marshalls Comission ; 
after some debate the Marshall Complyed therewith and 
did read it, and likewise desired to heare his letter of At- 
torney, which after some time was read by John Whipple 
Majestrate, In which was many Instructions (as he read 



296 RHODE ISLAND HISTORICAL SOCIETY. 

it) to the said Attorney Thomas Harris, Relating to the 
same Efect as the s^ Thomas Harris had above specefied, 
And that in the s'^ letter of Attorney (as it was read) Wil- 
liam Harris acknowlidged to have Recieved a Noat, Sub- 
scribed by John Sanford Recorder (from the Councell) by 
the Marshall John Smith the second day of December 
1679. The said Marshall hearing the letter of Attorney 
Read, desired a Copy there of and he would pay for it, but 
it would not be admitted off, though the s^ Marshall de- 
clared he desired their Instructions and advice, and what- 
ever he Judged Needfull to be done, he would Comply and 
doe it accordingly, and that it was like y* that letter of 
Attorney might be some light to him in the performinge 
of the s^ Executions according to the Contents thereof — 
ffurther the s^ Thomas Harris did acknowlidge, to be 
in Company with the Marshall John Smith ; at and Neer 
his Brother William Harrises dwelling at pawtuxett, where 
was present the said William and partners on the 4*'^ day 
of this Instant, and that he heard the s^ Marshall desire 
them, to acompany him to Ephraim Carpenters, to his 
Ayd, and acompany him and them to the lands they sued 
for, and take posession of him : 

Taken Upon Oath this 9*^ of Decemb^ 1679 Before 
Samuell Gorton Assistant : 

Haveing Impartially stated the affaire of my proceeds (as 
is before Related)* Doe it accordingly present, as my 
true and absolute Returne, In discharge of my Engage- 
ment, Taken before yo^ HonC^ the 24"^ day of Novem- 



*The other side of this story, that from Harris's point of view, was ap- 
parently not stated formally at this time. After the death of Harris, 
however, it became necessary to review earlier proceedings, and his move- 
ments during the days when Smith was trying to deliver these lands to 
him are described in depositions by Thomas Harris, Epenetus Olney and 
Joseph Williams, taken i November, 1683. (See No. 119). See also the 
depositions of Hopkins and Arnold in 1706 (Nos. 131, 132). 



HARRIS PAPERS. 297 

ber 1679. It being presented to the Honc'^ Governour 
Cranston the lo*'' day of December 1679 : By mee : 

John Smith : 

And In Refferance unto the giveinge of Execution against 
Edmund Calverly &c Wee Render Yo"" Majesty this ac- 
count, That wee finde in the Returne of the Comissioners 
that held the Court, that they Judged that action and the 
verdict against Edmund Calverly &c, was fully Included 
in the Action and Verdict brought in to them against 
Harrod, Burlingham, and Relfe, (it being the same lands) 
and therefore they wholy suspended Judgment in that 
Case : 

And Most Dread Soverreigne haveing in all Loyall Obedi- 
ence unto Yo"" Sacred Majesties Royall and princely Co- 
mands in yo"" Royall Letter from yo"" Court at Winsor the 
g^^ day of July 1679 ; Wee doe in all bounden Duty pros- 
trate our selves, and this Our Returne on that affaire, at 
yo"" Majesties Royall feet, Humbly beginge yo'' Majesties 
Most Royall and Gracious pardon for what of weaknes 
may appeare in us herein, with Our hearty prayers to Al- 
mighty, God for yo'' long peaceable and hapy Reigne. Wee 
subscribe Our selves Your Majesties Most ffaithfull Sub- 
jects, and most Humble and Oblidged Servants of yo"" 
Collony of Rhode Island Providence Plantations : 

Dated the first of January 167^^^ 

John Cranston Governo^ 

The afore written Contained in page i : to page 8 
are True Copys Extracted Out of the Records for 
the Governo^ and Councell of his Maj*'^^ Collony of 
Rhode Island and Providence Plantations : At- 
tests : 

John Sanford Recorder 
[Cushman Papers.] 



298 RHODE ISLAND HISTORICAL SOCIETY. 

92 

Deposition of Arnold, 25 October, 1679. 

Endorsed : — M^ Steeven Arnold & Stantons testimonies 

M"" Stephen Arnold* aged .56. years or there about beinge 
deposed testifieth. that he have inhabited at the plac Caled 
Pawtuxet near fourety years or moar and have known the de- 
nomination of the places & lands lyeng near one boath sides 
of the River which runeth down to pawtuxet fawls : that is 
thus as fare as Sockcanacow Sachem of patuxet his land or 
lordship did extend, which on the north side of the River was 
from the Salte water on the East to pachaset river on the west, 
was Called by the Indans pawtuxet lands and the Indans were 
Called pawtuxet Indans which dwelt there. & furder west of 
packaset River being in other pettey Shachims propriaty there 
is a place on the River that runeth doun to pawtuxet fawls 
which is Called Toskeunkeca neck and the Indans dweling 
there were Called Toskeunkeneages. & the meadows that lye 
on both sides of the said River there ar. & were Called Tosk- 
eunke meadows which said meadows ar thos meadows which 
Warwick doe Claim and posses 

The : 25*'* : Day : of Octobc : 1679 : personally Apeared be- 
fore me : the Above premisd Stephen Arnold & owned 
the premises : to be the Truth upon his sollemn oath : 

Attest Jo". Cranston Gov 

of his Majesties Collony 

of Rhod Island & providence 

plantations &c 

[Harris Papers, p. 94.] 



* Stephen Arnold (1622-1699) was the son of William Arnold, and 
owned a large tract of land near the mouth of the Pawtuxet river. 



HARRIS PAPERS. 299 

93 

Deposition of Sanford and Coggeshall, 
25 October, 1679. 

Endorsed : — Major Sanford & M"" Coggeshalls testimony s 

Major Peleg Sanford Aged forty years or there Abouts be- 
inge Requred & Deposed Testifieth that hee beinge present at 
the Last meetinge of the Comissioners at providence in the 
year 1678 : those Who Judgd Themselves A Court in Wilham 
Harris his Matters the said Comissioners havinge sent forth 
the Nine Gentlemen of the former Jury for Explanation of A 
former vardict : the said Comissioners Refused The first Ex- 
planation & sent the Jury forth Againe 
Taken upon Oath the 25* : Day of Octobe^ 1679 

P"" : Jo" : Cranston GovC 
of his Majesties Collony of 
Rhod Island & providence 
Plaintations &c. 

John Coggeshall Senic Aged : 57 years or ther Abouts Doth 
Testifie that the Above premisd Testimony of Major Peleg San- 
fords is the Truth & Nothinge but Truth In Evary perteculer 
Upon his solemn oath the : 25*^ : Day of Octo' : 1679 : 

Sworne Before Jo" : Cranston : GovC 

as Above premisd 
[Cushman Papers.] 

94 

Harris to Plymouth Magistrates, 28 October, 1679. 

To The Kings Majesty es Governor & Majestrates of his 
Collony of New plimoth, Siting The last tuesday in octo 1679 
And 31 year of his Majestyes Reigne. 



300 RHODE ISLAND HISTORICAL SOCIETY. 

Worshipfull wher as y^ Kings Majesty was pleased At our 
complaynt (proprietors of patuxet) of long great wrongs done 
to us by some persons of his Majesty es Colony es of Massa- 
chusets, & by some persons of New plimoth, & some of Rhod 
Island &c his Majesty was pleased at our petition to grant us 
fay re tryall at law by his favourable Order to his Majesty es 
foure Collonyes of New England (to say) y« fore sd & Con- 
ecticot Collony by his order bearing date at Hampton Court 
y« 4''> of August 1675 by which sd tryalls we optayned Against 
whomewe complayned verdicts & Judgments And Among y« 
rest Against some of y^ greatest trespasers & detayners of our 
land the towne of Warwick & y« purchasors of y^ s'l towne wher 
upon two persons of y^ s^ towne & purchasors &c (to Say) 
Randall Holdon & John Green for themselves (& s*^) (for 
others adjacent) petitioned to y^ Kings Majesty An Authen- 
tique Coppy to y worships I have to present of theyr owne 
words wher in is exspresed y^ ground of theyr petition they 
render to y^ Kings Majesty of theyr then s^^ suggested wrong 
don (as they say) to theyr towne of Warwick 
wher upon The kings Majesty Granted John Green & Randall 
Holden An order That all things (as to Warwick) should re- 
mayne as before y^ meeting of y« Commitioners untill we of 
patuxet should before his Majesty &c make out our title 
And soone after our Adversaryes departure with y« s'^ order 
we came to England And made our apearance shewing our 
title to y« s^ land wher upon The Kings Majesty was pleased 
to refer The Examination of y^ s'^ matter to his Governor & 
Majestrates of New plimoth Therfore we in obedyence ther 
to aply in y« s<^ case to y worships And present these & as 
followeth in theyr owne words to his Majesty to frustrate good 
law To which we Answer to vindecate y^ law And our Just 
title And Shew theyr Illegallety, not takeing notice of much 
of theyr fallce suggestions not being willing to trouble you 
with y^ least but y' y* seems of moste weight by which they en- 
devor to invalle y^ s"! verdict & Judgment 

some of theyr words in theyr s'' petition ar these (viz') And 



HARRIS PAPERS. 301 

allthough noe complaynt was brought against y^ towne of war- 
wick or any of the Inhabytants therof in y' petition of y^ s'^ 
Harris to his Majesty for any lands they had taken from y* s<^ 
Harris and partnors &c soe sayth y« Complayants for Warwick 

we complaynees for patuxet Answer & say, That y« playne & 
exspres words In his Majesty es order repeat y« words of our 
complaynt to his Majesty And what more Certayne proof e can 
be had then y^ s'^ of what Complaynt we made to y^ King, And 
his Majesty signed y« same foure times to each of his Collonys 
once, namly these words. They entered on a great parte of y« 
petitionors lands by force And y^ s"* 

They were persons though fled from Conecticot yet at y^ 
time of theyr enterance by force were then of Warwick, with 
many more with them of Warwick then entered 

And not only some of y^ Inhabytants we then to his Majesty 
Complayned against. And y« s^ signed as afore sd by his majesty 
but allsoe against y^ towne of Warwick, rcited in y^ s^ order in 
these words (to say) That beside all y« sd molestations he had 
bin frequently disquieted some times by y« Towne of Warwick 
&c therfore y« s^ suggestions y^ s^ complaynants of Warwick 
made against us complaynees of patuxet absolute fallce by y« 
fore s^ Authentique proofe And theyr demeret is as y« law 
hath provided 38 Ed 3, 9. these words ther in Item as to y« 
Article made at y^ last parliament of those y* make grievous 
complaynts to y^ king himself it is asented y* if he y* maketh 
y^ complaynt cannot prove his intent against y^ defendant by 
y^ prosses limited in y^ same article he shall be commanded to 
prisson ther to abide till he hath made gree to y« party of his 
damages & of his slander he hath suffered by such ocation & 
after shall make fine & ransome to y^ king &c 
And ye s'' suggestions not only fallce but otherwise allsoe un- 
lawful! & forbiden by y« law 4 H 4, 23 In these words (to say) 
Item wher as well in plea reall as plea personall after Judg- 
ment given in y^ courts of our lord y^ king y^ partyes be made 
to come upon grievous payne some times before y«= king him- 
self some times before y« kings councill & sometimes to y« par- 



302 RHODE ISLAND HISTORICAL SOCIETY. 

liament to answer ther of anew to y^ great impoverishing of y« 
partyes afore sd & in subvertion of y^ common law of y^ land 
It is ordayned & established that after Judgment given in y* 
courts of our lord y« king y^ partyes & theyr heirs shall be ther 
of in peace untill y^ Judgment be undone by ataynt or errour if 
there be errour as hath bin used by y^ lawes in y^ times of ye 
kings progenitors 

Therfore by y^ fore s,^ law notoryous Irreguler & Illegall the 
fore s^ Complaynants & theyr complaynts by y^ ey of the law 
is seen 

further y« s^ Complaynants say not soe much as any commition 
or authourity given by his majesty for examining any title of 
lands but y* of patuxet yet never y^ les y^ sd commitionors did 
admit y^ sd Harris & one field whome of all his partnors he 
could get to joyne with him to commence a suit with y^ towne 
of Warwick for y^ very lands of y^ sd towne 

Complaynnees for patuxet answer, only to y* they Say of us & 
against us And not y' they say of y« Court 
To be noted They say That y^ King granted tryall as to 
patuxet, which was in deed y^ only Issue we Joyned as to And 
what was patuxet which was oures As our complaynt, declara- 
tion, & plea against the towne of Warwick & y^ purchasors of y^ 
sd towne in y^ Custody now of y^ then presedent of y« sd Court 
by ye kings spetiall command will moste manyf estly Clear & y* 
verdict ther upon & Judgment only concludeing as to patuxet 
And to make it apear I will write such words in our complaynt 
& demanded as concerns y* matter by which they were Sum- 
moned & to which they were to answer 

The words in y^ sd Complaynt & summons ar these (viz*) to 
Thomas fry Generall Searjante &c, y" ar &c required upon 
sight here of to Summon y^ towne of Warwick & y^ purchasors 
of ye s<^ land called Warwick, & Captayne John Green Senior, 
& M"" Samuell Gorton Junior both of y^ towne Councill of y^ s^ 
Warwick in y^ fore sd Collony tenants by force to answer y* 
complaynt of Thomas ffield & William Harris both of patuxet 



HARRIS PAPERS. 303 

& providence in y^ Collony afore sd at y^ Court of Commition- 
ors to be holdne in his majestyes name & by his Command on 
ye seventeenth day of november next at y^ town of providence 
in ye fore sd Collony wherfore they y^ s^ Captayn John Green 
& M"" Samuell Gorton & y^ rest afore sd under pretence of a 
grant ther of from meantenomy one of y^ Narraganset Sa- 
chems of later date have entered upon the Lands of Patuxet at 
& Aboute Toskaunkanet & ther about & at or neer a place 
Called by the Indeans natick or Nachick on y* northward syde 
of ye longest Streame & maynest branch of patuxet River to y^ 
Southward of A line y* is to devide betweene ye lands of provi- 
dence & ye lands of patuxet & to ye Eastward or below a place 
or pond Called penhungganset bounds of patuxet wherin are 
ye proprietyes of ye complaynants & demandants which they 
hold by vertue of a grant Conounicus & meantenomy Cheifest 
Narraganset Sachems both ye eldest & ye s^ grante of ye moste 
antients date 

by which it apears we only sued for patuxet 
but If by ye s<^ persons of Warwick theyr saying ye sd lands are 
ye Very Lands of Warwick or of ye town of Warwick be suffi- 
tient to undoe a Judgment upon A verdict, by ye s'l verdict, 
Judgment, & proof of our true title, & theyr fallce suggestions 
with such notoryous impudence & slanders as if we had sued 
for Warwick as very Warwick, we might rather say they are 
very debauched persons, very knaves I will not say but may 
any man think y* they think as they say, 

but if ye fore sd be not enoughe to prove we only sued for 
patuxet as patuxet then I pray our declaration & plea may be 
read allsoe 

And wher as his majesty hath required y* our pretentions to 
lands possesed by them (to Say) of Warwick be by y selves 
examined we are redy to answer any to any thing demanded or 
matter they have to object against our fore sd demand or any 
parte therof And If we should only say they never had pos- 
estio lawfully concidering ye verdict & Judgment for our true 
title our only say soe may seeme to have more certaynty in ye 
ey of ye law then theyr only say otherwise though it were be- 
fore ye King concidering ye fore sd Statutes 



304 RHODE ISLAND HISTORICAL SOCIETY. 

yet never y« les before we hear any more of them or any as to 
theyr posestion we at present say we have by y^ good Country 
had a tryall with them & they & we commited our titles to 
them ye Country what ever y« s'^ titles stood upon posestion, 
purchas, or what els & as then still doe say & agayne are redy 
by y« good Country at y« s*^ Court wher we apear by his majes- 
tyes command to Joyne Issue with our s'^ Adversaryes in our 
sd demand And If y^ Jury finde for them we will noe more sue 
to ye King nor any other nor make any more clayme to y^ sd 
land And soe end y^ controvercy for ever, which they If in 
our capasety wold not soe offer to nor doe with us but we well 
knowing y* they know more of theyr bad title & possestion 
then to come to or take y* offer well knowing they can never 
get any thing by fayre tryall but more disgrace of which they 
see enoughe all redy though they have not soe much grace as 
to confes it 

And we now supposeing ourselves upon examination as to y^ 
truth of our title offer our proof therof by our Grants in y* 
Custody' of ye late presedent of ye sd Court by ye kings com- 
mand our sd grant of ye most antients date by aboute five 
years And of Conounicus ye eldest & greatest Conqueror of ye 
Indeans y* ever ye English in New England knew. Our grant 
allsoe of Meantenomy of ye same date, And all y* our adver- 
saryes have Is but of meantenomy A younger brothers son to 
ye sd eldest Conquering Conounicus as his Acts, Grants, & 
liveing witnes yet to & doe prove, And to disprove our Adver- 
sarys lyes in print they have forged to deseve ye simple to up- 
hold theyr pretended title to our lands they haveing only one 
witnes of English & he only sayth John Green English And 
yet theyr then only interpreter And what truth his witnes in 
his owne case may have in it concidering his late fallce sug- 
gestions made by him to ye King which doubtles must be will- 
full Ly for ye sd John Green English as he ownes And John of 
Warwick some times under his owne hand how he should be 
taken he was John Green English in his youth And since John 
of Warwick as litle minded truth for he owned a part of patuxet 
with us by our grants & sold it to william Carpenter of patuxet 



HARRIS PAPERS. 305 

as his y« sd Johns right of patuxet of all ye upland on y^ north- 
ward syde of patuxet River & tooke a conciderable sum for it 
And when he had done Claymes y^ same agayne as one of war- 
wick And y^ sd land as of Warwick he endevored to defend by 
suit as of Warwick And Shamelesly stood y^ tryall & y^ Jury 
found against him yet after all puts on more Impudence And 
Afirmes to y^ Kings councill it is y^ very lands of y« towne of 
Warwick yet y* which he had owned & his father before him 
of patuxet And soe sold it as his grant shews, we produce, 
And had he not sd John Green English he might have bin 
taken for his actions for John Green Indean had he not bin (by 
knowing more) wors, And as to theyr only grantor & then 
theyr best, is but our granttors younger brothers son, & theyr 
grant five years after oures & oures of him five years before 
theyrs 

Therfore patuxet River our bound southward five years be- 
fore theyr line they would strech west for westward which is 
any poynt of y^ Compas y* speakes but bewest or by west (to 
say) south & bewest is westward, & north & bewest is west- 
ward, or any poynt between y« same soe uncertayne is theyr 
bounds yet upon due west they would come over our bounde 
patuxet River granted five years before theyrs theyrs but by a 
younger brothers son & oures by y* Eldest brother to y« father 
of y^ s^ meantenomy And y' our greatest grantor & theyr 
greatest grantor (to say) of Indeans Sachems or princes stands 
soe related precedent one to y^ other we shall produce witnes 
And theyr asignement to prove moreover our s^ grants are 
confirmed by y^ succesors of both y« s^ Sachems but not our 
adversaryes grants And wher as they say they have had a 
posestion this forty years I doubt they Equivocate to stop y^ 
mouth of theyr contiences or els speak playne Ly which is 
much alike at Warwick they have not bin forty years but they 
were at patuxet a year or two before y^ Certayne time I know 
not but ther they were first by vertue of our patuxet title, for 
John Green his father gave Samuell Gorton deceaced half his 
right in patuxet, And allsoe one Robert Cole & one ffrancis 
Weston, & one Richard Waterman (all deceased) (our partnors 



306 RHODE ISLAND HISTORICAL SOCIETY. 

in patuxet) did give some of theyr partes to y^ sd Samuell 
Gorton & others of his company, & soe in deed they had pos- 
estion of patuxet as patuxet but not of y^ sd as of Warwick, 
forty years since And all y^ fore sd rights of y« fore sd men 
our partnors deceased are now by purchas by some of us of 
patuxet & inherytance by other only in y^ hold & hands of us 
of patuxet And two parts more of thirteene y' were y^ rights 
of two of warwickmen (to say) Ezeciel Holyman & Stuekley 
westcoth which some of us purchased of them & theyr heirs 
yet Warwick men would have y^ sd lands Agayne And since all 
which The Kings Majesty under his great seal hath granted to 
us of patuxet our sd lands of patuxet as we have & are redy 
still to shew, And the Collony have made by theyr moste sol- 
lemn act y^ sd patuxet River A bound for Jurisdiction between 
providence & Warwick & y® sd act acted allsoe (with y^ rest) 
by warwickmen, which cannot be Immagined they would have 
done If then they had thought of any west line to run over 
patuxet River, but rather have had y« line of theyr propertyes 
(If ye west line had bin it) to have bin y^ line of theyr Jurisdictio 
And not consented That providence should have towne ship 
on theyr land (If theyrs it had bin) 

And wher as they cannot under y^ words of y« grant know y« 
bound patuxet River they would fayne a patuxet River con- 
trary to y* we demand some times saying patuxet River is only 
untill some other brooke or River runs ther into 
To y* we say & have produced the towne of warwicks own acts 
& words by which they them selves call it patuxet on y^ sd 
River as high as a place called Toskaunkanet below which 
place runeth into y« sd river many small Riverets, but acording 
to ye equity of y^ lawes of England all afayres in such case are 
to be ruled & deferences ended 

Our demand was of y* land on y^ northward syde of patuxet 
River And Claymeing for y^ sd River the greatest stream & 
maynest bransh of y^ sd River as highe as a place or pond 
called penhungganset soe we demanded of Warwick And y^ 
Jury found for us, And y^ Court acsepted y^ verdict, And y' 
ye sd greatest (to say) that contineweth greatest longest doth 



HARRIS PAPERS. 307 

Carry y^ denomination by y^ Example of y^ River of thames 
which sd River (to say) y^ greatest streame carryeth y^ sd 
name above Oxford Sc as low as to y^ River of Lee which is 
below graves end nor doth any Riveret y* runs ther-into (which 
are many, nor City, nor towne Cituated ther on Chang or 
allter y^ name of y^ sd River of Thames as apears by y^ 3 K 
James 20 & y^ 21 K James 32 & other statutes against all 
which our adversary es & theyr grand Adherent Roger williams 
are not ashamed to dispute 

And wher as In theyr complaynt to y^ King they make up 
theyr petition for y*' poore towne of Warwick (as they say) 
To y* this, sd poverty of lands (if be) John Green & Randall 
Holden have put them into, for they & theyr partnors (which 
were but twelve purchasors (they say) of twenty miles in length 
And by y« words of theyr grant, pretending westward, south- 
ward & westward & northward & westward is then theyr pre- 
tended bounds (by y« words of theyr sd grant) theyr senter be- 
ing about five or six miles y« bredth but spreding as afore sd 
twenty miles, makes an Angle wants but two poynts of y« 
compas to make y« sd Angle one hundered & eightty degrees, 
(If noe other grant in theyr way before) out of [a] 11 which they 
alow theyr sd poore towne, neer y« sd senter four or five miles 
in length. And deny y^ sd poore towne to have any parte of a 
large convenyent neck of land Joyning to y^ sd foure or five 
miles soe they prove y* part or words (in theyr complaynt) to 
y^ king to be true (viz') Poore Tone of Warwick, but as to y«= 
scope & substance of all y'' rest of theyr sd suggestyan fallce 
& slanderous 

but we being y« purchasors of providence towne & after- 
ward of patuxet allsoe And least our adversaryes (as 
use) should slaner us (with theyr) (like dealing as to provi- 
dence, we say, And providence knowes, & under theyr depu- 
tyes hands we produced in Court & in y^ then presedents Cus- 
tody is now ye same shewing y* we of patuxet did grant to provi- 
dence towne three parts of four parts of all y^ sd lands (to say) 
providence y^ s<^ Three Parts And reserved only patuxet one of 
ye s^ foure parts our proprietyes 



308 RHODE ISLAND HISTORICAL SOCIETY. 

The reason why I say noe more herein to y^ other fallce sug- 
gestions, Is, for y* some of them more Immedeatly against y^ 
then Court & Jury who are (If need be) acording to theyr In- 
nocency able to answer for themselves. And in theyr (when 
absent) to some of y^ kings Officers made answerr to all y^ per- 
ticulers fallcly suggested by word or writing (y* I had heard of) 
& left theyr bookes in print in y^ plantation office to prove my 
words true, & y« warwickeds slanders (against theyr neigh- 
bours) all which I leave & commit to y« wise providence of god, 
The kings majesty, & y worships report, I being greatly 
charged by our sd Adversaryes fallce suggestyons to six thou- 
sand miles travail by sea & more then one thousand miles 
by land (since verdict & Judgment) against our adversaryes, 
& before delayed by reason of y^ self interest of y« sd ob- 
jectors of Rhod Island of y^ alowance of y« Charge of y«= 
Courts twice meeting, & ten pound in mony to pay y^ Charge 
of y« charge of y« Jury besyde y^ sd amounting to more then 
eightty pounde, all great & grievous opretion to our innocent 
cause, to my only great spoyling : & my famelyes on whome only 
ye sd charge lyes, to my great & sore burthen to myne & my 
famelyes Impoverishing, but y* Just god Judg betweene me & 
my opressors of y^ wrong done & y^ Justice neglected acording 
to theyr & my Innocency or nocency. And recompence y^ Jus- 
tice done to them & theyr posteretyes (y* did it) for theyr 
fathers Justice sake, whome shall ever serve & pray for 

your humble servant 

William Harris 
[Moses Brown Papers, vol. i8, no. 234.] 



95 

HOLDEN AND GrEENE TO PLYMOUTH MAGISTRATES, 

28 October, 1679. 

To the Honored Governor & Majestrates Asembled at Pli- 
mouth the 28*^ of October 1679 



HARRIS PAPERS. 309 

Wheras wee Randall Houldon & John Greene the first of 
October instant were sumoned in the Towne of Newport & 
Collony of Rhoade Hand & Providence Plantationes by Au- 
thoritie of the honored Governor of New Plimouth to apeare at 
Plimouth before the Governor & Majestrates the 28"^ of Octo- 
ber to answer the pretensions of William Harris concerninge 
the second verdict of Jury &c and y* by vertue of his Majesties 
spetiall comaund as is sayd havinge referred us thither to bee 
[ ] heard and not to the Collonyes of the Massachusets & 
Canitticut because wee had objected ag^' them as not beinge 
meet Judges &c Wee humbly conceave that William Harris 
hath misinformed his Majesty for o' allegations were as well 
ag^t the Collony of Plimouth as ag^' the Collonyes of the Massa- 
chusets and Canitticut, as our petition & reply presented to his 
Majestic & Counsell did declare, as also the answer of M'' 
Stoaton & M"" Buckley Agents for the Massachusets Collony 
delivered to the Lords of the Comitte doth declare in these 
words Videlicet : That the proceedinges of the Massachusets 
agst them were by the expresse consent & advice of the other 
Collonies who tooke themselves joyntly & equally concernd 
therin for the security of the whole : 

ffurthermore o"" Evidences are in England where o"" Agent is 
gone expectinge to have met William Harris & Partners before 
his Majestie & Councell in Defence of o"" Title, and Coppies of 
some principall evidences cannot heere bee procured : Never- 
thelesse at present wee beinge comaunded hereunto in obedience 
to his Majesties Comaundes wee answer or declare so farr as 
wee are able with such evidences as wee can procure : 

first That wee purchased & peaceably posest c Plantation of 
Warwicke within the limits & boundes wherofe [the] landes of 
Toskeunke & Nachicke are conteined untill Captaine Cooke * 
& company came & fought us in behalfe of Pumhom an Indian 
Petty sachim & endeavored to disposesse us ; 

That the sayd Harris hath testified that wee were peaceably 



* George Cooke of Cambridge, the leader of the Massachusetts " Com- 
mission" which attacked Gorton in September, 1643. 



310 RHODE ISLAND HISTORICAL SOCIETY. 

posest of the sayd Plantation when Captain Cooke came & 
fought us ; & which wee have under his owne & severall other 
mens hands in England to shew but cannot get a coppie heere 
atested, 

That wee shortly after by order from England were peace- 
ably posest for severall yeares untill c Towne was arested by 
M"" William ffield Mr Willia"" Carpenter Zachariah Rhoades & 
William Harris in the yeare 1659 : upon which Triall wee had 
two verdicts in favor of us, The last verdict was given in at a 
Court held at Portsmouth October the 8^^ 1661 at which time 
two of the Plantiffes viz William ffield & William Harris 
onely apeared, but the other two disapeared wherupon they 
had been Non suited but that for Satisfaction of the Defendant 
they became bound in a bond of five hundred pound, to stand 
to verdict and judgment &c as the records doth declare, neither 
is there any of the Jury of kin to the Defendant as y« sayd 
Harris hath falsly suggested ; * 

That the s^ Harris remained quiet neither apealing to o"" 
Generall Asembly nor to his Majesties Honorable Comission- 
ers when they were in these parts who held a Court at Warwicke 
& Justified o"^ Title vindicatinge us ag^' the intrusions of Pum- 
hom aforsayd, 

That wee have peaceably posest those landes & medowes of 
Toskeunke ever since the s<i Court held at Portsmouth in 1661 
untill the late Court of Comissioners held at Providence wher- 
unto hee caused us to bee sumonsed, Notwithstandinge in his 
petition to his Majestic there was no complaint ag^' us for any 
thinge done, so that after verdict & judgement at Portsmouth 
aforesayd wee were peaceably posest of those landes about six- 
teen yeares : 

That the medowes are called Toskeunke meddowes from the 
name of the river beinge called Toskeunke there, as the med- 
dowes lower downe are called Patuxet meddowes from the name 
of the river there 

That the line was run by the Towne of Providence together 



* See the Calendar for the year 1660-61, with the references there given. 



HARRIS PAPERS. 311 

with Patuxet men in the yeare 68 as their Recordes doe declare : 
That the hne hath since also been run by order of the late 
Court of Comissioners accordinge to verdict of Jury by the 
Towne of Providence, which line comes not neere the landes 
claimed & posest by us. 

That the nine Jurors that were sent forth for explanation of 
their verdict, their first explanation was not accepted but they 
were sent forth againe &c contrary to all lawe, 

That it apeares by the testimony of M"" Roger Williams who 
had given him from the Indians those landes of Patuxet which 
sayd Harris & Partners claime & who have no other Title but 
that derived from the sayd Williams who is one of the thirteen 
Partners that the lands claimed by Harris of the Towne of 
Warwicke were neither graunted him by the Indian sachims 
nor by him sould unto sayd Harris & Partners besids other 
materiall witnesses, 

That the sayd Originall deed hath no boundes extendinge be- 
yond the line aforesayd, That the Post script hath none of 
Miantonomus hand to it. That M"" Benedictt Arnold who is 
mentioned as one of the witnesses therunto hath upon oath 
denied that to bee his hand therto under written. That the 
sayd Postscript mentions an illimited bounds which no Poten 
tate on earth can graunt all which reasons considered make the 
deed a meere Non Ens : 

That the boundaries mentioned in the sayd deed comes not 
neere o"" North line of o'' Purchase of Warwicke some miles 
within which line these landes pretended to by William Harris 
are conteined 

That his later Purchases or Confirmations Confirmes no 
more then what Miantonomu had before sould or graunted & 
therfore Sachim Pesicus did declare the twenty miles therin 
Incerted was a meer deception 

That the sayd Purchases or confirmations if they might bee 
supposed to bee good yet are of no force to enervate o' Pre- 
cedent Graunt Graunted by Miantonomu & owned by him 
afterwardes ; and on the Contrary disclaimed what Harris pre- 
tends to while hee was alive 



312 RHODE ISLAND HISTORICAL SOCIETY. 

That five of the Patuxet Partners are part of the purchasers 
of Warwicke & doubtlesse would not have caused the boundes 
of their Purchase to have been so set downe in case part of it 
had been purchased before but they knew the Contrary ; 

That the sayd Harris could procure but one of the Partners 
viz Thomas ffield to joyne with him in the suit ag^' us who is 
sukcessor to William ffield aforesayd, 

Lastly Wee declare that the Honorable Lords of the Com- 
itte for ff orreighn Plantationes havinge heard the Petition of Wil- 
liam Harris y^ returne of the Comissioners by the late honored 
Governor John Leveret and o"" reply did declare their opinions 
in these wordes viz 

This beinge the state of the whole affayer wherin the com- 
plainants Randall Houldon & John Greene are concerned either 
for themselves or in behalfe of others in relation to the claime 
of William Harris wee have presumed to lay the same before 
your Majestic with o"" humble opinions, that since by the dis- 
agreement & discentions of your Majesties sayd Collonyes in 
New England the most equitable speedy and probable meanes 
which your Majestic in your great wisdome could direct for 
acertaininge and setlinge the rightes & Titles of your subjects 
there inhabitinge have after so longe time found no suitable 
efect, And in consideration of the Complainants humble apeale 
unto your Majestic for justice (which your Majesty will alwayes 
alow of & incoradg together with the reasons & evidences 
offered by them in justification of their right & present poses- 
ions which doe not apeare to bee any part of the landes of 
Patuxet which onely by your Majesties Comission were to bee 
brought to a Triall your Majestic doe therfore signifie your 
Royall pleasure unto William Harris and all others whom it 
may concern, that the Inhabitantes of the Towne of Warwicke 
bee not disturbed in y^ quiet and peaceable injoyment of the 
landes claimed & posessed by them the Inhabitantes of the sayd 
Towne of Warwicke, And that all thinges relatinge therunto re- 
main in the same state they were in before the meetinge of the 
sayd Comissioners untill the sayd William Harris or Partners 
shall in the Lawefull defence of their rights before your Majes- 



HARRIS PAPERS. 313 

tie in Councell make out a sufficient Title to the sayd landes 
all which is most humbly submitted ; 

Anglesey Craven 

Councell chamber Bridgewater Ailesbury 

2'' of January 1671 Essex ffauconburge 

Phillip ffloyd 

His Majestie in Councell hath aproved of the s'^ report in 
this ensuinge order, viz 

His Majestie in Counsell was gratiously pleased to aprove the 
sayd report and to order as it is herby ordered, That the In- 
habitantes of the Towne of Warwicke bee not disturbed in the 
quiet & peacable injoyment of the lands claimed & posessed 
by them, And that all thinges relatinge therunto remain in the 
same state they were in before the meetinge of the sayd Co- 
missioners untill William Harris & Partners shall before his 
Majestie in Councell make out a sufficient Title therunto : 
But as to the lands of Patuxet concerninge which William 
Harris came over into England to Petition his Majestie & 
which onely by his Majesties Comission were to bee brought to 
a triall. And the Comissioners havinge in Pursuance therofe 
made a favorable report touching the sayd interest It is fur- 
ther Ordered y' William Harris & Partners bee peaceably & 
quietly posest of the same accordingly 

Robert Southwell 

That the sayd order of his Majestie still remaines in full force 
wherby it is evident that y* late Court had not Comission to 
try us for the s** landes and therfore his Majestie in Councell 
was gratiously pleased to make Null & voyd all the proceed- 
ing[s] of the sayd Comissioners as to us, as well the verdict 
as other proceedinges and therfore it evidently apearinge that 
the sayd Harris & ffield have unjustly molested us contrary to 
y« verdict of Jury at Portsmouth in the yeare 1661 wee intend 
to Petition the Kinges Majestie for o^ charges they have put 



314 RHODE ISLAND HISTORICAL SOCIETY. 

US to by o"" former voyadg to England besides y« forfeiture of 
their bond which in all amountes to seaven hundred pounds 
wee humbly desier that this o"" answer may bee sent with the 
report to his Majestie That his Majestie & Councell may bee 
informed thorowly of proceedinges, 



[Cushman Papers.] 



By us Randall Houldon 
John Greene. 



96 

WiNSLOW TO THE KiNG, 2 NOVEMBER, 1679. 

Endorsed : — Copey of report and opinion returned to his 
Majesty in the Case of M"^ Harris and Warwick men. 

Addressed : — To the Most Illustriouse prince Chads the 
Second by the grace of God of England Scotland ffrance and 
Ireland King &c. at his princely Courte at White Hall or 
Els where humbly p''sent. 

Dread Soveraigne. New Plymouth Nov"^ 2^ 1679 

In obedience to & Pursuance of your Majesty s Royall 
Commands to us y^ Governour & Majestrates of yo'' Colony of 
New Plymouth in New England given fro yC Court at Wind- 
sor the ninth Day of July one thousand Six Hundred Seventy 
& Nine & thirty first year of your Majestyes Reigne (which 
god grant may be long & happy) for the Calling before us Ran- 
dall Holden & Jn° Green in the Behalf of themselves & others 
ye Inhabitants of y^ Town of Warwick in New England : 
Concerned in the Second verdict ; of Jury : given Into yo"" 
Majesty s Court of Comissioners by yo"" Majestys Speciall 
Comand : held at Providence y^ Seventeenth Day of Novem- 
ber one thousand Six Hundred Seventy & Seven : In favour 
of yc Petitioner Will"" Harris of Patuxet & our Exammination 
of the Pretentions of sd Harris to the Land by the sd verdict 



HARRIS PAPERS. 315 

given him : & our Return to yc Majesty of the Perticular state 
thereof ; & our opinions thereupon with all Convenient Speed : 
May it Please yo"" Majesty to Accept of this following Breif 
Accompt thereof Viz That upon our hearing Due Examina- 
tion & Impartiall Consideration of the Severall Pleas & Al- 
legations of sd Will'" Harris Randall H olden & Jn° Green 
Presented by them at there Convention Before us on the 
Twenty Eight Day of October one thousand Six Hundred 
Seventy & Nine (wee Cannot (as things appear unto us) but 
Conceive that those Lands Given to the sd Harris Conteind 
in the sd Second verdict of Jury are "^t of the lands of Patuxet 
& Within yo"^ Majesty s Comission to the sd Court of Coinission- 
ers : to be brought to tryall as well as what is Conteined in the 
first & three last verdicts of the sd Jury given in favour to sd 
Harris for these Reasons Humbly Submitted to yo"" Majestys 
Princely Censure 

Besides the Joynt Concurrance of Rode Island Gentlemen 
Commissioners as the Rest of the Comissioners in their Ac- 
ceptance of that Second verdict of Jury with the other ver- 
dicts ; as ^ their hands subscribed to the Return of that 
Affaire to his Majesty from the Respective Governours Con- 
cerned therein doth & may appeare : 

ffirst : Because those lands Contained in the Second verdict 
lyes on the Same Side of Patuxet River with the other lands 
that are given him by the other f oure verdicts : Viz on the North- 
erly side of the River & belong to the Jurisdiction of Provi- 
dence Plantations as the lands on the Southerly side of the sd 
River Belong to y^ Jurisdiction of the town of Warwick the sd 
Patuxet River Being the Boundary Between the sd Town of 
Warwick & Providence 

Secondly & allthough according to the Testimony of Jn" 
Smith Survayor Appointed by the Purchasers of the Town of 
Warwick to Run the North Line of their Purchase : In Run- 
ing the sd line Due west fr5 the Place where he began ; did 
Run over the sd Patuxet River : & on the north side thereof 
untill it meet with the stream of the sd River againe Leaveing 
Teskeunck Meddows (which are "^t of the lands in Contro- 



316 RHODE ISLAND HISTORICAL SOCIETY. 

versy) on the Southerly side of the sd hne (yett are on the 
North side of the sd River : which the sd Surveyor in his 
Testimony Calls Patuxet River, as it is by others Coirionly Soe 
Called & known by that name ; 

Thirdly wee find that y« sd Warwick Purchasers deed from 
the Sachem miantonimey ; not only to Express the sd North 
line to Run westward which the sd Surveior Run due west : 
but that deed bares Date severall yeares after that Deed ob- 
teined from the sd Sachem Miantonimey & another Cheif 
Sachem Called Cannonicus : whereby the sd harris & his Part- 
ners Claym his & their Interest into the sd lands ; lying on the 
North side of the sd Patuxet River & as Such Sued for by 
him : as '^ his Summons & Pleas against the sd Holden Green 
& Warwick men doth & may appear ; & not for any lands on 
the South side of sd River which are within the Precincts of 
Warwick Town aforesd 

Lastly ; If it be law according to the Common opinion 
(ffavores Sunt Ampliandi) that the terms & Expressions In 
that last Mentioned Deed : may bear the best Construction in 
favour to y^ Grantee soe as these Expressions therein viz (wee 
doe freely give unto him all that lands from those Rivers 
Reaching to Patuxet River as allsoe the Grass & Meddow upon 
y^ sd Patuxet River) may be Interpreted to Contein all that 
land which lyes Between any Part of those Rivers (called in the 
sd Deed Moshasick & Wanusquetuckett) & the sd Patuxet 
River : soe as to Contein all the land within a Direct Square 
streight line Runing from the head of the sd Wanusquetuckett 
River unto Patuxet River (the sd Wanusquetuckett River be- 
ing the shortest & next to the sd Patuxet River : lying on the 
Northerly Side of the sd Patuxet River) then it appears that 
all the lands In Controversy are according to y^ sd verdict of 
Jury of Right Belonging & Justly given to sd Harris & his 
^tners their '^t thereof : their Deed being obteined Severall 
years Before that Deed by which Warwick Purchassors make 
their Claym as aforesd ; A Coppy of which Deeds together 
with the sd Smiths Testimony : wherein the maine stress of 
the Case Seems to lye : wee Doubt not but are by the Partyes 



HARRIS PAPERS. 317 

Concerned left with other writin[ ] in yo"" Majesty s Honorable 
Comittee office In England Great S"" : wee humbly Prostrate 
our Selves Before you & Leave the finall Determination of the 
Whole Case to yC Majesty s Royall Wisdom & Justice Crave- 
ing leave to be Enrowled amongst y^ number of 

Yo"" Majesty es 

Most Loyall Subjects & 
Humble Suppliants 
Josiah Winslow : Govern'': of yo' Majestys 
Colony of New Plymouth with y^ full & free 
Concurrence of all y^ Majestrates of sd Colony 
Vera Copia 
[Cushman Papers.] 

97 

Gorton and Others to Cranston, 21 November, 1679. 

To the hon'^'^ John Cranston Esq"" Gov^ and the rest of 
the Coun^i of his majestys Colony of Rhoad Island and 
Provid" plantations &c 

Hon'"^ Gentlemen 

Wee humbly conceive that possession ought to be 
given to m"" Harris and Partners of Patuxit lands that is to 
say w*in the compasse of the line as it hath been run by 
Providence men by Court order which Seemes to us to be 
agreeable to his Maj*" Command unto which wee freely 
Consent but without the Compasse of that line we con- 
ceive it to be the Kings Province and doe hereby protest 
against giveing possession in any part of it till his Majestys 
pleasure be further Known 

Warwick Nov 21 : Sam" Gorton Assis* 

1679 Thomas Green assist 

Wee Randall Houlden and John Green doe humbly de- 
clare that our opinions are that it will be most Safe for y« 



318 RHODE ISLAND HISTORICAL SOCIETY. 

hon'"'^ Gov and Councill to attend to the premisses for as 
much as we have already made appear before the Lords of 
the Council by m'' WilHams his testimony m^ Stephen Ar- 
nold and Sever" others that the lands of Patuxet are onely 
to the Eastward of Pachaset River 



By us Randall Houldon 
John Green 



Vera Coppy Exam 
Nath" Coddington assis* 

[Cushman Papers.] 



98 

Protest of Clark and Ward, 24 November, 1679. 

To the Honoured Gov^. and Magistrates of His Ma^y^ Col- 
ony of Rhode Island and Providence Plantations, and &c 
these Hon""*!. Gentlemen, 

Our Sovereigne Lord Charles the Second King of England &c 
by his Letters dated at his Court at Windsor July : 9"^ : 1679 
in the Thirty first year of his Reigne, having strictly required 
and Commanded the Gov. and Magistrates of His Colony of 
Rhode Island &c to cause W"" Harris and partners to be quietly 
and peaceably possest of the Lands by them sued for at Pau- 
tuxet Adjudged to them by the first & three last Verdicts of 
the Jury and Judgment of Court, in an especiall Court held by 
His Maty^ : Command in his Ma^y^ : name at Providence in the 
Colony of Rhode Island aforesaid the 3"^ day of October 1677 
viz* The Verdict against John Towers of Hingham The Ver- 
dict against Gregory Dexter, Arthur Fenner and the Towne of 
Providence, The verdict against John Harwood, Thomas Relph, 
Roger Burlingham & others and the Verdict against Edmond 
Calverly. 

These are to give you Information, that whereas you have con- 



HARRIS PAPERS. 319 

eluded that His Ma'ys : Royall Commands concerning the 
premises aforesaid shall be speedily Executed, Wee also do ac- 
cord with you therein, but with respect to y« Person by you 
chosen and agreed upon to execute them, it being John Smith 
of New Port, therein wee cannot consent with you, for he, in 
our understandings is not a meet man to be employed in this 
service wee So judge, not only from Report, but also from 
what wee have heard him speak with relation thereunto, and 
unless you appoint some indifferent person in his Place to exe- 
cute the premisses wee cannot joyne with you to signe the exe- 
cutions desiring your favourable construction of this our de- 
senting for the reason aforesaid. 
Wee remain Your Loving Friends & Neighbours. 
I allow of the reasons aforesaid. 

Walter Clark ^pt. Go-" 



New Port on Rhode Island 

November 24*'* : 1679. A true Copy. 

[Harris Papers, p. 98.] 



Thomas Ward, assistant 

A true Cop 
Chris : Musgrave. 



99 

Harris to his Attorneys, i December, 1679. 

Instructions as to posestion & execution 

Demand posestion acording to y^ return to y« King & y^ 
Kings Command (to say) when a midle line is Run between 
wanasquetucket river & y* branch of patuxet river y* runs out 
of penhunganset pond at an equall distance as highe as y^ head 
of ye s*^ wanasquetucket River to say as high as a pond called 
wallins pond, & from thence upon a square or rect angle to y« 
s'* branch of y^ sd patuxet river as to y' posestion recovered by 
tryall with those of providence And receive noe other poses- 
tion as to them 



320 RHODE ISLAND HISTORICAL SOCIETY. 

And as to executution on theyr Cattell or Chattells for our 
Costs & damages take not execution of any y* did not deny us 
of our sd right line whose names are knowne but take execution 
only on Gregory Dextor & his partty, & refuse y« cattell of 
others If they be offered to you 

And take posestion as to Harrud & his partty & Calverley & 
y^ rest as neer as you can on theyr perticuler Shares for y* 
whole wher they had built 

And If y" can shew theyr or any of theyr cattell (to say) as 
to Harrud any of his or Relfs, burtons, or burlinghams cattell 

And as to Calverley his Cattell or tods or any other of theyr 
partnors as sweets or other of them but offer them to abate on 
those of Harruds party forty Shillings If they will set out cat- 
tell (to say) Cowkind & they & we to take each one to prise 
them & first agree on one to be as umpire when they deffer 
other wise abate nothing 

And soe doe in all things as to Dextor & his partty 

but as to costs & damages as to John Towers I wholly ex- 
scuse them from execution on him as to costs & damages for 
yt I have other wayes excepted as to him 

Witnes my hand William Harris 
I desem 1679 

[Harris Papers, p. 99.] 



100 

Harris to Brinley, 4 April, 1680. 

Endorsed by Andrew Harris : — A Coppie of a letter to M^ 
ffrancis Brinley * of Rhode Islan from my father from Arjere 
dated aprill the 4*^ 1680 It Came to my hand the 2<^^ day of 
October 1680 at Boston 



• Brinley (1632-1719) was a large landholder at Conanicut and Narra- 
gansett. 



HARRIS PAPERS. 321 

M"^ Brinley 

And faithfull friend, of all I have yet found in 
New England hopeing you and yours well I pray you to stir 
up both parties to send bills of the said sum and give the best 
advice you Can and that it Come in time, and as much sooner 
as they Can, for till then I Cannot goe, to send by the first ship 
and bills allsoe by the second least the first should be tooke If 
the sum faile or the time it is most like to be my death for 
then I fall into the Cruell mans hands that hath bin like to kill 
mee allready, therefore If you perceive them uncertayne, I 
pray you if Can to doe it, And I will asure you in all the lands 
and other things I have. Commending all thing to god, I left 
two papers with M"" Wharton for you, 

your humble servant 

William Harris 

pray tell M^ Smith Daniell Updike * is well, he may doe well 
to Redeeme him, and pray send the lines below to my Wife, 

The Consaull saith, that to Cleare mee it will Cost eleven 
hundred ninty and one peeces of eight and 5 : Royall to say 
dollers. 

The sum if Cleared to sett mee safe one the Christian shore 
the Consull sayth is eleven hundred ninty and one peeces of 
eight (to say) dollers, and 5 : Royalls, and fifty dollers to Lon- 
don it is 800 : miles and all goe in Companyes with a gide, and 
such danger at one place forced to have and pay a Troop. 

Deare Wife and Children let us Cast our Care on god with- 
out distracting feare, thouh I should here dy yet god lives, and 
I am not without hope but that I may see you againe, let us 
pray fervently and Continually to god that is able to deliver 
and soe I Commend you all to god all way, 

Youres &c 

the 4»h : of Aprill 1680. William Harris 



* A son of Gilbert Updike of Kingston, R. I. He was a mariner, and 
died in 1704, having finally been ransomed from his captivity by his uncle, 
Richard Smith. 



322 RHODE ISLAND HISTORICAL SOCIETV. 

Tell M"" Richeson * I hope he will take Care of the mater, as 
to the sum and the time, & minding the first and secon Alsoe 
(to say) ships, if I live to get home I will doe as much for him 

A True Coppie, if noe mistake in Compareing it, Ass Attest 
John Whipple jun"^ Gierke of the Towne of providence, 

[Cushman Papers.] 



101 

Harris to his Family, 6 April, i68o. 

Endorsed by Andrew Harris : — A Coppy of my ffathers 
Letter to my Mother from Arjeere dated the 6 of Aprill i68o 
The s^ Letter Came to my Mothers hand the 13 day of Octo- 
ber 1680 

Deare wife and Children 

I have wrot to you very breefly twice 
and som thing allso a third (in other letters) blame not the 
maner if I live to see you I shall easely passefy you as to the 
maner, 

I was (with others) taken the 24''' of January ; sold in the markett 
the 23 : or 24 : of February, And shutt up untill the last day of the 
last March ; none prmited to Come to mee nor I to any, (but 
all) (and more then now I tell you) to make mee promise what 
they would have, and I had not to pay them, and beate on John 
Chapman of boston untill they made him promise them twelve 
hundred dollers, and the man I think hath it not, with others, 
that I have not roome to write of, and if a patterroone please he 
may kill his slave and onely payes the kings house their sum 
they are to have. 



♦Amos Richardson, merchant, proprietor in Narragansett lands, deputy 
to Connecticut Assembly from Stonington, where he died, 1683. It was 
chiefly through him that Harris had been appointed agent of Connecticut. 
(See No. 128). 



HARRIS PAPERS. 323 

Upon all which Considerations (and more then I tell you) 
and your Unsettleedness ; and the matters I am Ingaged in, and 
what my enemies would say If I should dy, and Judge me and 
my Just Cause as evill, If I aboute it should bee killed with 
beating as some are, to make them Cutt (as they speake) that 
is to make them promise what they aske, though they have it 
not to pay, are forced as I was, to promise 800 : dollers (that is) 
soe many times 5^ : which is 200'' : and besids that (before I am 
Cleared) I must pay or some for me to the kings house and 
other payments to make the said 800 : dollers 1191 : dollers and 
5 : Royalls, and if it be paid yet then shall lack fifty at the least 
to Travell through Spaine France, and Portugall to London, Soe 
that in all will Cost before I gett to be free here 300 : li : 
Starling allmost ; beside 50 : dollers to get to London which is 
to Travell a long Jorny, and I have at present thereby some 
peace untill the last day of the next March, which time fullfills 
the yeare I Could not have any longer time, and If the sd 
sume t(*» my paterroone be not payd by that time I fall into his 
Cruell hands againe And then ordinaryly Cannot exspect to 
live under it, Therefore shew this to M'' Brinley and to M"" 
Richeson whome I pray to mind my danger and that they both 
stir up the Gentlemen that Imployed mee that they doe not leave 
mee in Arjeere, and Rather then soe they should doe, when I 
Come hoome I will Recon with them and pay them their de- 
mand, without puting them to suite or desiring Arbtration, 
and asure the payment in my Lands and all els that I have, 
but if M"" Brindley perceive that they will not doe it within that 
time, then I pray him in that straight not to fayle to doe it, 
and I will asure him in all my land and all that I have for his 
payment, And I pray them both to mind it, by the first ship for 
speede, and by a second for safety ; least the first should mis- 
cary. If it please god that I get off noe man I hope shall bee 
more diligent and Carefull in their matter then I, and it may 
please god that my sufferings and your Charge and myne may 
Cause the more Candor in the Case, I speake there in to M"" 
Brindley and M"" Richeson, my prayers to god is that I may in 
their Cases suckceede, I doe not love to have any matters dy 



324 RHODE ISLAND HISTORICAL SOCIETY. 

in my hands, and I doe profess faithfully and god knows I ly 
not that If I had of my owne a thousand pound starling, I 
would Expend it all for them before they should sufer a de- 
feate, and I asure them that I have suffered so much here all- 
redy, that if I should be offered all that is in this worlde I 
would not undergoe againe the s'^ Conflicts and dangers, and I 
pray god to strengthen me that I may hould out, I was allmost 
sinking on museing with those things and my dead Susan and 
Toleration,* but it pleased god to turne my muse another way 
and Recover me, And for the present I thank god I am very 
well in health and yet generally live on bread and water and 
Could eate more bread if I had it, yet I am in as good liking as 
I was when taken, I doe not know that I ever had more Con- 
stant health for the time then I have had evesince I Came 
from home soe long togeather, but since I Came I saw Daniel 
Updike and he saith he had a plague sore, and that the s^ sik- 
ness is here every sumer and begins in may, and that the last 
sumer here dyed nine of tenn of the English Captives but 
some say not soe many, speake to M' Smith to Redeeme him 
and tell Lawdowick his Brother, M"^ Smith, M'' Brindley and 
others, soe with my harty tender Constan Care and Love for 
you and towarde you all, I Co[mme]nd Commit and Resigne 
you all up to gods fatherly derection and protection youres 
hopeing yet to see you 

William Harris 

Remember my love to all, my Brother and Sister t and all 
my kindered & friends, and my papers being lost if I live to 
Come to London shall lack tell John Whipple all the Afifi- 
davids, and protests against the onely pretended Executions I 
pray they may be sent to the signe of the peele in wentworth 



*See note to No. 46, p. 162. The date of death of his daughter Susan- 
nah, who married Ephraim Carpenter, is not known. 

t Probably Anne Harris, who is mentioned in Harris's inventory as 
having been entitled to a share in the estate of their deceased sister Par- 
nill, widow of Thomas Roberts {Prov. Rec, vi : 85 ; and No. 45, p. 161). 



HARRIS PAPERS. 325 

Street neere spittle fields in London to John Stokes* living 
ther, to remaine there for me 

And that M'' Brinley and M"" Richeson endevour a recrut of 
all other papers for all lost, I have wrot to the Governor of 
Conecticutt and mentioned some profes to mayne poynts, I 
pray them to minde the most needefull all that Can, I have 
left for M-- Brindley two papers at M-- Richard Whartons Com- 
med you and them all to god farewell 

yours and theirs 

William Harris 
Arjeere 6 Aprill 1680 

A True Coppie, if noe mistake in Compareing with the origi- 
nall. As Attest John Whipple jun"": Gierke of the Towne of 
providence, 

[Gushman Papers.] 



102 

Harris to Connecticut Magistrates, 17 April, 1680. 

Endorsed : — This on the other side specefied : is a True 
Coppie, if noe misstake in Compareing it, As Attest John 
Whipple jun'' Gierke of the Towne of providence, 

Addressed by A. Harris : — To TheWorshipfull The Governor 
of Gonecticott in New England And to M"" Wharton t of Boston 
who may open it for that speed is the greatest neede 



* John Stokes, a baker, was Harris's landlord. It was in his house that 
Harris died upon return from captivity. 

t Richard Wharton, who owned extensive holdings in land in Maine 
and in the Narragansett country. In later years he was a member of An- 
dres's Council, and died in London in 1689 (d Mass. Hist. Soc. Coll.., 
iii: 466). 



326 RHODE ISLAND HISTORICAL SOCIETY. 

Worshipfull Governor, and Majestrates, 

I have wrot to y" thrice, my too 
first I doubt may miscary ; and my third hath mised an oper- 
tunitie in the EngUsh Consalls hands, but by that way the 
french Consalls Clarke sent, I wrot to M"" Whiteing and Cap- 
taine Mead,* If my former letters goe right, you will more 
fully understand, how it hath bin with me, then now I have 
time to write, my last save this, I thinke at least will Come to 
your hands, which is more perticuler then I have time now to 
write, as to what papers I Could then Remember to be sent, 
the former all lost, and againe your best derections, and proba- 
tions of matters, M^ Brinley will be helpful in some thing in the 
Rhode Island Records ; And I pray faile mee not as to the sum 
of my Ransom which will Come to the English Consall saith 
1 191 : dolers and 5: Royals to sett on the Christian shore, 
but the french Consall saith about eleven hundred dolers hard 
(as they speak) will doe it, but the English Consall must not 
by any meanes know it, I have wrot to M"" Whiteing as to 
that ; I Could gett time but for one yeare from the last of last 
march, If you faile mee of the said sum and s*^ time it is most 
like to be the loss of my life, he is soe Cruell and Covetous. I 
live on bread and water, but have been offered Credet as to 
beter accomodation, but have not nor intend to use any more 
then I have, and I thanke god I am now well, and it is best to 
be low here, body and minde, to be a slave to vitious vassals, 
and not soe insedent to the pestelence that useth here to begin 
in may every yeare they here tell me. I hope M"" Wharton 
and the Rest will Joyne for some parte of my Ransome and I 
will Count with yourselves and them, as you shall please when 
I Come, without any urging or offering law or Arbytration for 
agreement or payment there about. And moreover asure you 
all in all my lands and all els to pay your demands, only fayle 
me not of full payment & in due time ; this is as well to M"" 
Wharton and that partie as your selves, but I have not time 



* Probably Joseph Whiting, Treasurer of the Connecticut Colony, and 
John Mead, deputy from Greenwich. 



HARRIS PAPERS. 327 

now to write otherwise nor to my Wife and Children nor 
freinds but Commend all to god hopeing yet succes at the last 
and againe to see you all 

youres 

Arjeer 17 Aprill 1680 William Harris 

[Cushman Papers.] 

103 

Harris to His Family, 10 May, 1680. 

Endorsed by Andrew Harris : — ffor his very Loving Wife 
Susana Harris at Pautuxet in New England 
from Arjeere 

A Coppie of a letter from my father William Harris of Pautuxcet 
from Arjeere 
It Came to hand the 6^' day of January 1680* 

Deare Wife and Children 

Harty Love, and prayers to god, and 
for you, and all the rest of my kindred Brother Sister &c. I 
hope god hath preserved you all well, as his mercifull provi- 
dence hath mee, And I yet hope to see you, And believe 
that god hath done this to shew his mercie and power to suck- 
sess and deliverance Rather then for defeate and distress, my 
thinks I see how divine providence is workeing the Accom- 
plishment, the English have Taken five of the Turkes men of 
war, and thereby have taken many Christians that the Turkes 
had with them and soe they are set free, and taken many 
Turkes, and they will serve to Redeeme English men, And the 
Turkes are much afrayd, and noe doubt will make peace when 
the English fleete Comes on easy tearmes, and we hoope the 



* 6 January, 1680-81. 



328 RHODE ISLAND HISTORICAL SOCIETY. 

fleete will shortly be here, I presume it upon severall reasons, 
the Complaints of persons here to their friends in England, 
there upon a Redemption like to be, as women in England 
write to their husbands here, but those events to be Commited 
to god and our present Condition without distracting Care, but 
Rather Casting our Care on god as I pray you may for as wee 
Cannot Change a haire white or black, nither Can our Care sup- 
ply what wee lack, and god that Can, Careth for us, let love Con- 
tinew & incorage each other to hope and waight with patience, 
I thanke god I am very well, and though the pestelence use 
to be her every sumer yet to this lo^'^ of May here is none sick 
of that yet, nor is any one dead y' Came in the ship that we 
were taken in, but one M"" Mason of new England a Doctor of 
a ship, son I think to Majjor Mason is dead sine we Came.* 
trouble not your thoughts for me I am in Comfotable hope 
of gods good providence and I believe god will yet deliver me 
from and out of the hands of my enemies Turkes and others 
eare long. 

Remember me to M"" Richeson and pray him to stir all up 
that he Can of all our friends, and get all the papers with 
speede, that I may not stay at London for want of them for all 
that I had are lost, alsoe pray M"" Brinley to get mee the 
Coppies of the protests against the proceedings as to execution 
and to John Whipple for the Affydavids I had but are lost, as 
to the executions, or rather noe execution And with all speede, 
for if I fayle of time my Tyrant may use mee as he pleaseth, 
and is a most Cruell soule, and then may he ad to my Ransome 
as he pleases, therefore speake to them noe fayler be in time, 
and to doe as I have prayed of all the Gentlemen, send your 
letters to me to be left at John Stokes, and hope in God and 



*This was Dr. Daniel Mason (1649-1680), son of Hugh Mason of 
Watertown. The fact that Major John Mason, of Pequot War fame, 
also had a son Daniel accounts for the confusion. Dr. Daniel graduated 
from Harvard in 1666 and sailed in 1678 or 1679 with a Captain James 
EUson of Charlestown, Mass., whose letter to his wife from Algiers, 30 
June, 1679, asking her to ransom two of his companions, tells of their 
capture. {See Sihley, Harvard Graduates, \i: 213-14). 



HARRIS PAPERS. 329 

pray for mee is that I most desire of you, And I allwayes for 
you Commending you all to God farewell 

Wife your faithfull Husband, 
Children your loving ffather 
And faithfull friend to all my Relations 
and friends to death 
Arjere the io"> : May 1680 William Harris 

These on this papor Written is A True Coppie, if noe noe 
mistake in Compareing it Ass Attest John Whipple Jun"", Clerke 
of the Towne of providence 

[Cushman Papers.] 



104 

Harris to his Family, 1680. 

Endorsed by Andrew Harris : — ffor his very Loving Wife 
Susana Harris at patuxet in New England 

A Coppie of a letter from William Harris of patuxet Writen 
by him in Arjeere it hath no date : it Came to hand with 2 
other letters dated from Arjeere y« 10''^ of may 1680 and the 
other the 22"^ : of August 1680 

Deare and Loving Wife & Children 

my prayers to God all- 
ways for you That you may not be over bourne with the sor- 
rowes of this life nor over Come with Care how to Come out 
of it, we are apt to ease our minds in resting on faithfull friends 
that are able to helpe us, And I have found God allmightie 
able and still hath at last allwayes delivered mee. And however 
Cast me in to troublesom straights, yet thereby hath given 
mee great, often & Sertaine exsperience of his mercyfull pres- 
ervation which makes mee still stay on him in hopes of di- 
liverance by him some way or other. And I asure you my 



330 RHODE ISLAND HISTORICAL SOCIETY. 

greatest feare sorrow & Care is for you, for my owne parte I 
looke upon this world as a place of suffering & sorrow to fitt us 
for a nother place of longer continuance and my time is neere ex- 
spired, and for the rest of my short time I am not over Cearefull 
for my selfe, let it bee as it pleaseth God, I am Content to dy 
here if god soe please I am not afraid of death, nor doe I soe 
distrust god but that I Can Resine you all up to him know- 
ing his mercie ; And all though I am I thank god, in very 
good health yet I know not how soone I may dy ; & if here I 
doe dy I would not have any of you troubled for mee to whome 
sorrow is in y^ sd Case most insedent, only I allways pray god 
you may all way live Justly (as I hope you will) and love one 
another and shew mercy as you Can to each other & to all other 
that you Can. And for my unsettled affayers I Commit them 
to God whose word of providence upholdeth all things, mee 
and you, myne & your lives and all. And wee are all his of- 
spring, and hee father of y^ fatherless of whome we have and 
shall find mercy. I have wrot of afayres to my friends Con- 
cerned, and I would not have you trouble yo'^selves thereabout, 
in any straight I Refer you to M"" Hinkley and M"" Brinley. 

never theless I may if it please God be with you before you 
are a ware of it. Remember my Love to my brother and 
Sister and all my friends. And soe I Commend you all to God, 
farwell 

Wife your faithfull husband 
Children your caref ull Father 

William Harris. 

be still my soule, leave Wife & Children all : 
not in Arjeere, but in Gods armes lett fall, 
fly thou to heaven, Rest quiet there a while : 
Thy Wife will Come to the, and every Childe. 
There thou shalt meet them that are gon before : 
Rejoycing there a thousand times much more. 
Then ever in this world, thou yet hast done : 
And there shalt meet thy blessed happy Son.* 



* Toleration Harris. 



HARRIS PAPERS. 331 

There all Joy unspeakable and full of glory : 
When this life ended now the sadest story, 
farwell deare soules If in Arjeere I dy : 
Lett noe one weepe shed teare nor for me Cry. 
What would you not that wee in heaven should bee : 
Where there an end of slavery shall see. 
Or that in Heaven wee should not meet in Joyes : 
but here & there still parted be with Toyes. 
Lord when thou dost us parte quiet then the Rest : 
They first that lose this world they find the best. 
If Lord to terminate my life hast brought me heither 
yet all with thee in heaven shall meet to geather. 

These on this paper Written, is a True Coppie, as Attest John 
Whipple jun"", Gierke of y^ Towne of providence, if there be 
noe mistak in Compareing itt. 

[Cushman Papers.] 



105 

Stokes to Howlong Harris, 3 July, 1680. 

Addressed : — These For Howlong Harris Daughter of Wm 
Harris liveing att Providence in the Colony of Road Hand in 
New England 

London the 3^^ of the m° : July 1680 
Howlong Harris 

Since thy ffather left us I have rece^ noe letter from 
him of his Safe arivall w : '"^ you there only be inquiery I un- 
derstood by the M"" of the vesell hee went from hence in y* hee 
was Safe arived but Since I have recc^ a Small note from him 
and understand thereby y* hee is in Arjeres to his grate Sor- 
row and truly it is and hath beene a very greate trouble to us, by 
dilligent inquirey I understand the Shipp w : ^'^ hee was taken 



332 RHODE ISLAND HISTORICAL SOCIETY. 

in to bee the Unity of Boston W"^ Condy * Comander hee was 
taken the 24th of of y^ mo : '^ January last, I have made Soe farr 
inquirie concerneing him y* I found a person y* Spoke to thy 
ffather when hee was in y^ market to be Soul'i, and also tould 
mee y' thy ffather when asked by him his accation of comeing 
for England being aged hee tould him it was about Some land 
yt hee was like to recover, w : ^h gives mee a full assurance of 
his being there pray informe mee by y^ firest oppertunity 
wheather hee hath Sent to thee by any other hand for I cann 
not find out by w* : hand my note came but only Sent by the 
peny post, y' is a post office w : ^h for a peny wee cann have a 
letter carryed to to any part of the citty.t I hope thou hath 
heard of it beefore this time or att least will before this comes 
to thy hand of thy ffathers being there because I love not to 
bee a messenger of ill newes but when nessessity forces mee 
thereunto, I must desire thee and thy mother not to take it 
unkindly because I Signified it noe sooner (for I rece<i the note 
the loth of the last mo"^ :) the reason thereof was because y^ 
I had a desire to Signifie the best understand concerneing him 
y' I could have w : ^^'^ is as before mentioned I have made in- 
quiery w^ : his ransome might bee but cann not learne, and 
feareing by to much inquiery I might doe Some harme (if 
those Jewes here Should not bee faithfull whoe have corre- 
spondincie w'^ : the Arjerenes) causes mee not to bee soe Ear- 
nest to know, and also not knoweing but thy ffather may all 
ready have Signified the Same unto you all ready, by Some 
othere hand. And if hee hath to desire you to ransom him as 
Soone as may bee, for if my purse ware [ajccording to my 
harte I Should Soone mannifest it to him, but Since it hath 



* Condy sailed from New London in the West India trade before re- 
moving to Boston, whence he sailed in 1679, O" this voyage. He was ran- 
somed, and died in 1685. John Hull, in his dikry, records under date of 
23 December, 1679, " Master William Condy and his ship, bound from 
Boston to London, was taken by the Algerines " (Trans. Sr* Coll. Am. 
Antiq. Soe, iii : 246). 

t This statement is important in view of the apparent confusion regard- 
ing the date when Robert Murray establised the penny post in London. 



\ 



HARRIS PAPERS. 333 

pleased god not Soe to bee I must rest contented in this. De- 
sireing the lord to Strengthen him and make him able to 
undergoe those afflictions w^^ : may bee Suffered by those 
mercyless wretches to laye upon him and also to pray to god 
y« hee would bee pleased y^ in the infinettness of his mercyes 
hee would bee pleased to looke downe upon him in mercye and 
loveing kindness y' by Some meanes though unknowne and 
unpossiable to us, (for there is nothing unpossiable w^^ : him) 
y» thy Ageed ffather may be restored and returne home unto 
you all againe is the desire of him who is thy freind (though 
unknowne) 

John Stokes 

I have recc^ Seaverall packetts derected to thy ffather 
and amongest them there is a pertion to bee Delivered by his 
owne hand w^^ • j (joe intend to keepe untill I See him or here 
from you. Blessed bee the lord all our familie are in health 
and desire all of us to bee remembered unto you all. Desireing 
to here from you. 

[Cushman Papers.] 



106 

Blathwayt to Wharton, ii August, 1680. 

Whitehall the ii^h : of Aug 

1680 
S^ 

I am now to acknowledge the receipt of y letter of the 10^'' : of 

June last with the Enclosed Duplicate to His Ma^y : concerning 

Lands sued for by William Harris who as you will have already 

understood by former letters from me remains Captive at 

Argier. Upon the first letters I received from Him and upon 

his assurance that 200 Dollars would discharge his ransome I 

thought him a fitt object of Charity and therefore gave him 

creditt immediately for 300 Dollars that He might have where- 

withall to come for England as you will see by the enclosed 

from the Consull of Marseilles which I send you that you may 

see what Provision is made for him if it might suffice But The 



334 RHODE ISLAND HISTORICAL SOCIETY. 

Poor man being tyred out with the ill usage of His Master has 
imprudently enough promised a most extravagant ransome, I 
cannot tell upon what grounds since many Gentlemen of the 
best quality come off upon better termes but it being so con- 
cluded he must be sensible of the Charity of his friends in 
New England or Suffer in Slavery. I now send you copies of 
former letters and such as I have lately received & recomend 
to your care that they may be safely deliver'd where it shall 
belong. 

As for the Narrogansett Country and The Gentlemen con- 
cerned in it, I have already upon M"". Harris's first letter moved 
The Lords of The Committee of Plantations that nothing may 
be done to their prejudice till they have further opportunity to 
transmitt the Evidences of their right which have been lost by 
the misfortune of Their Agent m"". Harris & you may assure 
them of a fair tryall before any decision in their Business. 
Those new demonstrations of their right you mention I will 
immediately upon the receipt of them putt into the hands of a 
good Sollicitor in behalf of those Gentlemen and give the best 
dispatch I can which is all that my Duty will allow me to do. 
I hear M"". Randolph finds difficulties in y^ execution of his 
ofl!ice but I do not doubt but he will overcome them when a 
Commission under the Great Scale which is preparing shall 
come to hand, for He will certainly find support here as long 
as he shall do his duty. And such as oppose him in it will not find 
their account. 

S^ I am very glad of your letters and of any opportunity of 
Serving any person in your parts whose Loyalty may exact it 
from me as I am particularly placed in a Station wherein my 
Duty is joined with my inclinations to be usefull to them and 
to assure you that I am with the greatest truth 

S^ 
Your Most faithfull Servant 
m^ Wharton William Blathwayt* 



* William Blathwayt (1649.?-! 7 17) in May, i68o, had been commissioned 
by the King as Surveyor and Auditor-General of all services arising in 
America. 



HARRIS PAPERS. 335 

Neither M''. Mead Whiting nor any other Merch'. will concern 
themselves with M^ Harris without further ord"" : 

[Cushman Papers.] 

107 

Harris to his Family, 22 August, 1680. 

Endorsed by Andrew Harris : — ff or his Loveing Wife Susana 
Harris at patuxet in New England 

this was put up with M"" Whartons soe to be againe at musillus 

A Coppie of a letter from my ffather William Harris of pa- 
tuxet & providence dated from Arjeere August y^ 22'*^ : 1680 
which Came to hand the 6^' day of January 1680 

Deare wife & Children & Granchildren 

my prayers to 
God is Continewally for you night & day for his blessing upon 
you That you may well succeede here, and bee happy here 
after. And as to my present Condition I pray you not to be 
affrighted at it ; for though my destany or Gods appoyntment 
to mee troubles allwayes ; yet his mighty hand hath allwaies 
holpen mee out againe, soe that y^ spetiall favor of God hath a 
greater Resent upon my Joyfull mind, then the troubles : I 
still finde, you Can beare mee witness to y^ great vexation of 
Roger Williams and his party and y« Warwickeds, & to my de- 
liverance by Gods mighty hand out of theyrs, and how they 
insulted, & exalted themselves ; & by Gods owne hand Im- 
mediatly & manyfestly shamed ; though I mention no more yet 
wee know many more of like sort, but with mee Trust in God 
and wee shall see his deliveranc : be not over pressed with 
Cares, god our father Ceareth for us And let us against all 
our advarsaries oprobry be of stout manly minds in Gods Ayde, 
though they upbrayd, for I am but fallen into y<= Cruell Turks 
hands ; That gods mercifull Armes more mighty may be seene 
to uphold mee ; & will deliver mee. I have wrot and do what 
I Judg Convenient ; and doe not you trouble your selves, but 



336 RHODE ISLAND HISTORICAL SOCIETY. 

let all things Rest (as quiet as you Can) till I Come home : I 
thanke god I am very well ; and this sumer here hath bin more 
then useall health, and we hope for a generall Redemtion ; 
but we are not sure of it. Remember my Love to my brother 
& sister & the rest of my kindered & to M"" brinley & his Wife 
& sons, and to M"" Smith & his wife, and M"" Richerdson & tell 
him had hee Come & the busyness knowne it would most like 
have Cost for his Redemtion five thousand, nay likely more 
perhaps ten thousand dolers, for they goe by what mens friends 
have ; and soe torment men till they get it except a peace be 
made & then they pay but that they were first sold for. My 
tyrant (Called) paterroone will have eight hundred dollers & 
to their kings house & other feese, in all will amount to all 
most twelve hundred dollers (to say) three hundred pound,* 
but hope a peace and then a generall Redemtion, get, & faile 
not y^ Afidavids to prove the onely pretended doeing of Execu- 
tion, And pray y^ Governor of plimoth to make returne to y« 
king, & I pray of him a Coppy of the same, and pray M"" brind- 
ley to let me know whether he have gotten my due of the Is- 
landers, or not, that accordingly I may try another way ; And 
pray M"" brinley to shew you what I ow him. & noe more be- 
ing in hast, but Commend all things to god to whome I Re- 
signe you all, and your afayres. 

Derect your letters to John Stokes till I Come there 

yours 

William Harris 
Arjeere y« 22*'* of August 1680. 

M'' Ledgets Ransome Cost him about 5000 dollers 

I forgot, but get me Thomas Wards and others protests against 
their pretence of unlawfull execution, or as they Call it. 

A True Coppie, if noe mistake in Compareing it with the origa- 
nall, as Attest John Whipple jun"" Clerke of the Towne of 
providence 



* The exact amount of the ransom as finally settled was ^289 9s. 6d., but 
payment of interest, bills of exchange, etc., brought the amount to ;!^459 
17s. id. (See No. 120.) 



HARRIS PAPERS. 337 

108 

Brinley to Mrs. Harris, 2 September, 1680. 

Newport the 2^ September 1680 
M^s Harris. 

These hnes are occasioned by the desire of your Son Andrew 
Harris, who seemes dissatisfied, with my disbursements about 
your new building since your husband went, w^^ with some 
other small matters you lately had amounts to about 10'', & I 
have a note from your daughter for the payment of Silas Car- 
penter, about 3" or 4" w^^ your Son thinkes you know not of. 
What I doe, is in respect to your husband, and I could heartily 
wish him here, and would be forward, to procure his Redemp- 
tion as my very good friend, though you and yours lie under y^ 
hard thoughts of many about it by your refusing to comply 
with those, that were stirred up to lay downe their monies for 
that end, w^^ to me seems a great kindnes, however you take 
it many others would be glad of the like proffer upon the same 
tearmes and cannot accomplish it If I may speake a few 
words without offence, my opinion is that it were better to de- 
sist from your building till you heare how it will be with your 
husband, but it concernes not mee I remaine 

Your loving friend Francis Brinley 
[Cushman Papers.] 

109 

Wharton to Mrs. Harris [September, 1680]. 

Addressed : — Thes ffor M''^ Susanna Harris At Patuxett 
with Care 

M'-s Harris 

Two dayes Since I received y^ Inclosed and one from yo' hus- 
band and another from M^ Blaithwhaite Clerke of y^ privy 
Councell for y« Govern^ of Conecticott, which I sent forward 



338 RHODE ISLAND HISTORICAL SOCIETY. 

yesterday, I understand y' M"" Blathwhaite by order of the 
King and Councell hath ordered y Husbands Ransome, and 
hope he may now be in England, It is good y"" See to trust in, 
and waite upon God, who often gives dehverance by unex- 
pected means. There is a ship will Sayle for England y« next 
weeke, and another a weeke after, what M^ Whipple or yo"" 
Selfe Shall See Cause to Send I shall Carefully Convey and 
remaine 

Yo"" ready friend To Serve y" 

Rich'^ Wharton 
[Cushman Papers.] 



110 



Brinley to Smith, 25 October, 1680. 

M^ Smith.* 

I Came hither that day you went hence, understand you in- 
tend for Boston, it were not amisse I did Speake with you, I 
Cannot Come to you expect Antho Low t this night from 
Swanzy, who hath goods aboard for me. Inclosed is two let- 
ters of one tenor, for you and Capt Winthrop t to signe for M"" 
Harris Redemption, w<='^ pray doe and post away to Boston for 
y^ ship else will goe without them, if Capt Winthrop Come not 
send y" by a Safe hand to Boston without his hand : if you 
have no opportunity send y" on purpose to John Whipple who 



* Richard Smith (1630-1692) who was one of the largest landholders in 
Narragansett. 

t Anthony Low of Warwick and Swansea was chiefly engaged in the 
coasting trade. At the time of his death, in 1692, he was owner of the 
sloop Dolphin. 

t Wait-Still Winthrop of Boston (1642-1717), son of Governor John 
Winthrop, of Connecticut. 



HARRIS PAPERS. 339 

will Convey y^, only acquaint them w* they be your Sister 
Violl* was well last friday. am. 

Y°' loving friend 

ffrancis Brinley 

m"" John Whipell Pray Conveye the within Leters with all 
spede inclosed under you"" Covert to m"" Richard wharton in 
Boston that So they may gooe by the first shipe for ouer frend 
Haris release fayle not you'' frend, I ame you"" Rich'i Smith 

25'h octo 1680 

Kepe this paper tell I Come to you. 

[R. I. Hist. Soc. MSS., vol. 5, no. 935.] 

Ill 

Wharton to Mrs. Harris, 30 October, 1680. 

Addressed : — Thes ffor M-^^ Susanna Harris at Patuxett 

Boston October 30 : 1680 
M'"s Harris 

I am glad To find Conecticott Soe just and Compas- 
sionate to yo"" husband, and hope their letter will be accepted 
as Security to Such as may be made use off for their creditt in 
England, without other Ingagem'% but least M"" Lynd and 
Some others who have greatest Creditt in England should De- 
murr upon it, it wilbee good to lett y« Instrument stand as 
yett. But what lyes in me shalbee done in yo"^ husbands be- 
halfe ; effectually and when M"" Smith Comes downe w^^' wee 
Expect tyme enough before any Ship goes, wee shall fully 
Conclude and write to England, In y« mean time rest 

Yo"" affectionate freind to serve y" 

Richard Wharton 
[Cushman Papers.] 



•Elizabeth Smith, si.ster of Richard Smith, had married John Viali. 



340 RHODE ISLAND HISTORICAL SOCIETY. 

112 

Wharton to Mrs. Harris, 29 May, 1681. 

Addressed : — Thes ffor M''* Susanna Harris at Patuxett 

M'^s Harris Boston May 29: 1681 

That great respect I have for yc husband hath 
made me as SolHcitous for his redempcon as if he had been my 
father ; and hope that by the assistance of his other friends (es- 
pecially M' Brinley) y" will shortly heare he is in Cristendome ; 
The same respect makes me advise y^ : That I have lately 
been Informed That a '^son makes Suite to yc Daughter that 
hath another wife.* and is alsoe under such other Circum- 
stances as might Render y^ Match Very unhappy, and minister 
more Matter of Sorrow to her affectionate father Then his 
Turkish Slavery, Matters as represented have a great appear- 
ance of Truth, but are under a possibility of being falce May 
it not therefore be Expedient To Suspend, and acquaint y 
husband or some faithfull friend with y^ business, that may 
Truely understand y^ lovers Condicioii, if matters prove falce it 
will be a great Vindication to him, and Satisfaction to yo"" 
Daughtr, if true it may be a happy prevention of misery to y 
family, whose welfare I heartily wish and therefore — offer this 
advice, with Cordiall respects to yo"" selfe and Daughter I re- 
main 

Y^ assured friend to serv y« 

Rich^ Wharton 
[Cushman Papers.] 



*The name of this person is mentioned in the following letter as 
Pococke, probably John Pococke, of Newport, who had married widow 
Mary Almy about 1677. Mrs. Harris acted promptly on Wharton's ad- 
vice, for on 29 June, 1681, she issued the following public order: "To 
Capt. Arthor ff enner : Mr. Joseph Jiencks: and Mr. Richard Arnold 
Asistants : or any other in Authority, these are to forbid you and Every 
of you, that you doe not Joyne John Pocoke and my Daughter Howlong 
Harris to geather in marrage: till I here from my Husband of his Con- 
sent to it," etc. (Prov. Rec, xv: 233). Howlong Harris married Arthur 
Fenner in 1684. 



HARRIS PAPERS. 341 

113 

Wharton to Mrs. Harris, 2 August, 1681. 

Addressed : — Thes ffor M""^ Susanna Harris at Patuxett w^'' 
Care 

Boston Aug' : 2'^ 1681 
M"^ Harris 

By the Same Ship that brought the Inclosed I have 
the good news that y husband was certainly redeemed, and 
was got to Marcelleis a ffrench Port, Soe y' it is hoped he is 
long Since at London, where he will find his business in good 
forwardness, and will as a "^son of quality Informs find all 
Reasonable favour and Supply for his Despatch home, Soe y* I 
hope to see him this winter. I Sent him y« last letter y" wrote 
to my Selfe, and Directions how to Satisfy himselfe, and yo"" 
Daughter with relation to M' Pococke, Soe y' I hope yo"" 
Daughter will not be Soe Disobed' : to yo^ Selfe, or desper- 
ately Indiscreet as to proceed any further without her fathers 
assent or advice Not els but y' I am 

Yo"" assured friend To serve y* 

Richd Wharton 
[Cushman Papers.] 



114 

Wharton to Mrs. Harris, 3 December, 1681. 

Addressed : — Thes ffor M^^ Susanna Harris at Patuxett — 

Boston Dec 3<^. 1681. 
M'^^ Harris 

Knowing how fast bad news flyes and haveing noe 
p'sent oppertunity of Conveyance after y^ Last Ships arivall, I 
Omitted writeing ever since, and p-^sume M' Smith and others 
have Informed you the Certainty of yo''. husbands Death, which 
was three dayes after his arivall in London, I have noe further 



342 RHODE ISLAND HISTORICAL SOCIETY. 

accompt thereof, and Soe much I have by two Severall Letters 
the one from M"" Deane that lent halfe y^ Money for his redemp- 
tion, and the other from my Son,* who I Expect by the first ship 
from London, I pray God Comfort y° and Sanctify this Sad 
news to you and y^^. when yC Son Comes to Boston I desire to 
Speake with him, and shall give him y« best Information I Can 
in his and yo'' Concerns, Desire him to looke amongst his 
fathers papers, for a Bill from Henry Palmer of Road Island 
to my Selfe, w<=h j deliverd yo'' husband at Road Island about 
two Months before he went away. If in anything I Can be help- 
full to y : " my respects to him thats gone will oblige me to be 

yo"^ assured friend To serve y" 

Richd Wharton 
[Cushman Papers.] 



115 

Brinley to Mrs. Harris, 21 December, 1681. 

Addressed : — To M" Susanna Harris at her howse in Pau- 

tuxit 

Newporte the 21^^ of December 1681 
M'^ Susanna Harris 

I Received yours 2 dayes since and have 
hardly time to write to you an answer, you may be Confident, 
that trust your Husband my very good friend Reposed in me 
I will faithfully Performe, your husbands Will is in my hands, 
and when you see Convenient will open it before the Governor, 
take a Copy of it and send you the Originall,t this I intend 
to do least it should miscarry in goeing to you, what advice I 



* Probably William Wharton, who is known to have been abroad as 
early as 1680 {6 Mass. Hist. Soc. Coll., iii : 466). 

t Harris's will is printed in Prov. Rec, vi : 48-58. The inventory of 
his estate, in the same volume, pp. 75-89, is larger than any other recorded 
in Providence during the seventeenth century. 



HARRIS PAPERS. 343 

am Capable to give you, will assist you to my power, and doe 
think it very necessary that with all diligence you proceede to 
put an issue to that troublesome affaire that your husband 
traveled so much in, and in a likely way, had he lived, might 
in a short time Received the end of his desire, I Received a 
letter from Providence, from some that were Concerned with 
your husband, pray acquaint them, (by Reason of my suddaine 
goeing westward, from whence if the Lord permitt will sud- 
dainly Returne) I have not time hardly to write, but will be 
mindfull of what they writ. It were necessary to draw a writ- 
ing, and state the Case how far you"" proceeded in his business 
before he went of what has been don since, that so it may be 
Carried on where he left it, for my part I am ignorant how it 
stands only by Reporte, I want some better information, M"" 
Whorton is a very Capable man to assist you and willing : your 
husband died in his friend stokes his house, and my kinsman * 
that paid halfe his Redemtion was with him a little before his 
death, but he was Capable then to give an answer, present my 
Respects to your daughter I am in hast yours to serve you 

ffrancis Brinley 

A True Coppie : Exstacted out of y« originall and Compared 
this : 11*^: day of January 1681 : or 82 As Attest John Whipple 
of the Towne of providence Clerk : 

[Cushman Papers.] 



116 

Mrs. Harris to Andrew Harris, 12 January, 1681-2. 

Addressed : — ffor Andrew Harris my Son ; 

Son Andrew, Harris 

You are not Ignorant how greately I have desired a unity 



* Capt. Thomas Dean and a Mr. Lease lent the money for Harris's re- 
demption. (See No. 120.) The published pedigrees of the Brinleys ap- 
parently show no relationship with any of either name. 



344 RHODE ISLAND HISTORICAL SOCIETY. 

amongst us whome your Carefull father hath now left destitute 
of husband, & father, by his death ; I have & doe greately de- 
sire, as your father by his will hath appoynted myselfe, & you, 
& your Sister Howlong joynt Exsecutors, that wee may joyntly 
goe one to gether to y^ settling of y^ Estate according as y^ 
law in such Cases requires ; upon your former refusall, my 
selfe & your sister Howlong as wee are Exsecutrixes to your 
ffathers will, have made choyce of your unkle Thomas Harris 
& our Cousin Thomas ffield * to take an Enventorey with us of 
y« Estate, wee pray you seperate not your selfe from us t but 
that you would joyntly act along with us, that so you"" deceased 
fathers will may by us all, be unanimously performed : but if 
you detirmine with your selfe not to joyne with us as afore- 
said. Then wee doe desire, and demaund of you, Emediatly to 
deliver up unto us the Key of y' Chest which is at Nathaniell 
Watermans house, that so y^ goodes therein may be Come at 
to be prised, or otherwise wee must be Constrained to take 
some other legall way to Come at them ; And also y' you doe 
bring forth & deliver up all those goodes & Cattle in your 
hands, or Custodye which are part of your ffathers Estate ; 

January y^ 12''' : Your loving mother, 

1 68 1. & your Sister Exsecutrixes 

to your deceased ffather 

Susan Harris 
Howlong Harris 
[Cushman Papers.] 



* Thomas Field, who married Martha Harris, daughter of Thomas and 
Elizabeth Harris. 

t Howlong Harris Fenner, sister of Andrew Harris, stated in a declara- 
tion of 1708 : — " I have cause to remember the transactions of my father, 
his surveying and his journeys and charges and impoverishment and 
grievous toil and labour I had and anger I met with from my aged crasie 
mother while my brother kept himself free from the trouble of my father's 
business" (i?. /. Hist. Soc. Pub., iv : 198). 



HARRIS PAPERS. 345 

117 

Petition of Carpenter and Others Concerning 
Pawtuxet, 12 September, 1682. 

Where as there was an arbetration in the yeare 1657 : and 
men mutually Chosen to determin a Case of diferance Con- 
serning' Tytle of Land in Contravecey at or neare pawtuxet be- 
twene andrew harris & William ffeild in whos steed Thomas 
ffeild is Com) and Richard Waterman in whose steed Nathan- 
iell Waterman is Com) and Thomas Olney Senior of the one 
part : & William Arnold William Carpenter & Zachariah 
Rhoads of the other parte The men Chosen were Majer Wil- 
liam hathorn : Captain Eleasor lusher & M"" John Eston & M' 
Joseph Torrey who delivered there determination in writing 
according to the Tenour of the bonds : * the which determina- 
tion ought to have bene performed long a goe : and now long 
time is Expired and nothing is don there in : and sevrall per- 
sons wants there land and Can not make use thereof for want 
of a devision Now therefore we who ar at present Conserned 
in the forsaid matter whos names ar under writen doe by these 
presentes make a Just demaund of you for to Joyne with us & 
those Conserned to devid the said land according to the de- 
termination of the forsaid arbetrators with in Three monthes 
after the datt here of : and we doe desiar also an answer from 
you in writing of your mindes what you doe will and intend in 
this matter with in seaven or eight days : f and so in Confirm- 



* Their award, dated 15 June, 1657, is printed in Prov. Rec, xv: 94-95. 

t Ten of the Pawtuxet proprietors, including Stephen Arnold, but 
not Reape or Carpenter, signed an agreement, dated 27 November, 1682, 
to disregard the arbitration of 1657, which " made the foresayd difference 
more darke & dubous then it was before " and arranged a division of the 
land more to their liking. Since some of the proprietors still refused to 
consent to any division except according to the arbitration of 1657, 
another document, dated 12 May, 1686, was drawn up by the ten propri- 
etors, binding themselves mutually in a bond of ^150 to observe the agree- 
ment of 1682. {Prov. Rec, xiv: 145-148). On 4 May, 1689, they divided 
the Pawtuxet lands according to this agreement, describing them as not 
extending beyond the Pocasset River {Prov. Rec, iv: 147). 



346 RHODE ISLAND HISTORICAL SOCIETY. 

ation of this our Just demand of you we doe here unto sett our 
hands the Twelveth day of September 1682 



[Cushman Papers.] 



the marke [X] of Joan Reepe 
WilHam Carpenter 
Stephen Arnold 



118 

Petition of Waterman and Field, 31 October, 1683. 

To the Hon'^'^ : the Gennerall Assembly of Majestyes Colloney 
of Rhode Island & Providence Plantations in New England, 
Assembled at the Towne of Providence in the Colloney aforsd 
the last Wednesday in October 1683 : It being y^ 31 day of 
the Month : 

The humble Adresse & Petition of Nathaniell Waterman & 
Thomas ffield inhabetants of y^ aforsd Towne of Providence ; 
Sheweth, 

That whereas by an Especiall Court held by his Majestyes 
Authoritye, by Comissioners of y« foure Collonies (viz) Mass- 
achusetts, Plimouth, Conecticutt & Rhode Island &c. Begin- 
ning & held at y^ Towne of Providence in y^ Colloney aforsd 
y« 3^^ day of October 1677, verdicts were obtained in favour by 
William Harris & parteners; & judgment thereon, against John 
Horrud & others, & Edmund Calverley & others. And where- 
as his Majestye by his Letters from his Court at Winsor beare- 
ing date y^ 9"^ day of July 1679, in y^ 31 yeare of his Reigne, 
was pleased to give forth his Royall Comands to y« authoritye 
of this Colloney to Cause y^ said verdicts & judgments thereon 
to be duely Executed : But as yet Execution is not done as to 
sd verdicts & judgments. And whereas yo"" Petitioners were 
ye sd William Harris his parteners, in Comencing y^ said ac- 
tions, & obtaineing y^ said verdicts & judgments : Wee pray, 
that his Majestyes Comands may be by y^ Authoritye of this 



HARRIS PAPERS. 347 

Colloney performed in Causeing Execution to be done accord- 
ing to sd verdicts & Judgmts ; That so we may be put into 
possession of our Landes which we have so long a time benn 
kept out of by y^ intrusion of others. Yo'' prosperitye shall be 
prayed for, by yo"" Petitioners. 

The landes which y^ intruders are setled upon ; And your 
Petitioners thereby kept out of y« possession of y« same, is y^ 
Lands of Pautuxett, lieing at and about y^ place called Mash- 
antatuck. We pray that y*^ said intruders may be remooved, 
and your Petitioners put in quiet possession of y^ same. 

Nathaniell Waterman. 

Thomas fifield. 

Here is a Petision that wee presented to the Colony but they 
would take no notis of it but Returned it againe 

[Harris Papers, p. 103.] 



119 

Depositions of Olney, Williams, and T. Harris, 
I November, 1683. 

Endorsed : — The Testimony of M^ Olnye & M*" Joseph Wil- 
liams, w^h prove that Smith depu'^ Marshall Instead of going to 
the place where y« Tenants by force held Possession as W™ 
harris desired him went another way & Came not to Meshan- 
tatuck 

also Thomas Harris his Testimony 

Epenetus Olney & Joseph Williams * of the Town of Provi- 
dence in the Colony of Rhod Island & Providence Plantations 
being Deposited Testifieth as followeth. 
That upon the 4'^ day of December 1679. These Deponants 



•Epenetus Olney (1634-1698) and Joseph Williams (1643-1 724) were 
both active in later years in Providence town affairs. 



348 RHODE ISLAND HISTORICAL SOCIETY. 

being at the Dwelling Place of William Harris in Pautuxet in 
the Township afores'^. & there staying till about the Middle tim 
of the Day, There Came one John Smith Deputed Marsh", 
(as Was said) to do Execution for the said Harris, & with him 
Cap* John Green of Warwick. The said Smith Hasting the 
said Harris to go with him. Then the said Harris made hast 
& fetch [ ] his Mare to go, & the said Harris & Smith & these 
deponants did go along together till they Came to the Corner 
of said Harris^ fence, where the ways Parted, the said Smith 
there Makeing a stopp. The said Smith asked the said Harris 
to go along with him to the former Dwelling of Ephraim Car- 
penter, the said Harris Answering the said Smith he had not 
any occasion there but said Harris Come, let us go to Mashan- 
tatuck, to the Place where John Harrod lived upon the land 
sued for, Then the said Smith demanded of y^ said Harris a 
Coppy of Mashantatuck Deed, then the said Harris Demanded 
a Coppy of the said Smiths orders the said Smith denying to 
give the said Harris a Coppy thereof but bid him go to the 
office for one, the said Smith still desireing the said Harris to 
go to the afores'^ Carpenters, for there was part of his ayd, & 
he had Promised them to Come to them there ; The said Har- 
ris saying he would go to Mashantatuck & upon the land they 
would further disscorse the Matter. Then the said Smith said 
he would not venter his '^''son along with him. for there were 
some of his Concerns with him, but he the said Smith said he 
would go to his ayde & Come to him the said Harris, Then 
the said Harris & Smith parted, & the said harris & some of 
his partners & these Deponants went to Mashantatuck to the 
Place, or neare, where the said Harrods house stood where 
the said Harris & these Deponants found a shelter Errected 
against the wall of the said Harrods house, wherein were two 
p''sons to Witt Samuel Relph & Edward Searle * keeping Pos- 
sesion of the said Mashantatuck lands, & would not suffer 



* Samuel Ralph was the son of Thomas Ralph, and Edward Searle was 
brother-in-law of Edmund Calverly, from whom he obtained, in 1671, the 
purchase right at Mashantatack. 



HARRIS PAPERS. 349 

the said Harris & partners nor these deponants to Enter into 
the said shelter, & there upon the said land the said Harris & 
partners & these deponants Waited till after the setting of the 
sun, upon the afores'' day but the said Smith Came not dure- 
ing the said Time, nor whilest these deponants there stayed, 
which was while it was neare Darke, but before these depo- 
nants Came from thence there Came to the afores*^ two '^'^sons. 
severall More of them which Claime a Right in the said Mash- 
antatuck lands. Clamed by the said Harris & Partners. 
Taken upon oath this 31. of October 1683. 

■^r me Joseph Jenckes assist. 

A true Coppy of the origeonall Compared by me 

Nathaniel Thomas 

The Deposition of Thomas Harris Sen"" of the Town of 
Providence in his Majestis Colony of Rhod Island & Provi- 
dence Plantations in New England being Sworne according to 
Law Testifys as followeth 

That John Smith deputed Marshall (as was said) to do Execu- 
tion for William Harris, Came to this deponant upon the 
eigth or ninth day of December. 1679 & did Inform him that 
he the said Smith had been at the Dwelling Place of W"". Har- 
ris to have him go along with him y^ said Smith for he was 
Come to do Execution for him. the said W"" Harris, but the 
said Smith said the said Harris was not at home, & the said 
Smith said he did understand that (he to say) this deponant a 
had a letter of atturney from the said William Harris to Re- 
ceive Possession of the land which Execution was to be done 
upon. This deponant Replying to the said Smith, That he had 
a letter of Atturney from the said W"". Harris, & if he the said 
smith had an order from the Gen'' assembly of the Colony or 
from the Maj"' Part of the Councill of the Colony to do Execu- 
tion upon Each verdict of the Jury according to his Majestys 
Comand, & would do it accordingly both upon the lands Men- 
tioned in the said verdicts. & the Damages This Deponant 
was Ready to go along with him the said Smith in the said 
William Harris s behalf to Receive & take Possession of the 



350 RHODE ISLAND HISTORICAL SOCIETY. 

same but the said Smith Did not seeme free so to do, but Went 
away & Did no Execution,* This this deponant saith is Truth 
& further saith not 

Taken before me upon Ingagment this first of 
November 1683 pr me Joseph Jenckes assist. 

A true Coppy of the origeonall Compared by me 

Nathaniel Thomas 
[Cushman Papers.] 

120 

Treasurer of Connecticut, Bill for Ransom [1686]. 

Endorsed : — The Treas"" of Connecticutt Colony ^ Accompt 
what paid for m"" Haris^ Redemption 

Also endorsed by Moses Brown : — and that Cap' Dean in 
London paid ;^289 Sts the advance and interest amounted to 
;^459.i7.io paid by Connecticut and repaid by the Family. 

1682 : Cap'. Wait Winthrop m'' Rich^ Wharton and Com- 
pany Dr. 

£ s d 
To Cash p^. m"", Wharton ^ Cap'. Davis 113 =00 = 00 
To 3 '^■'ce'" Intrest for 113;^^ 020 = 05=00 

1684 

Aug' To Cash p'^ Ditto "^ Thomas Skiner 050=00 = 00 
To Intrest for | of a yeare 002 =05 =00 

1685 

June 24 To Cash p<i Ditto "^ m^. Jn°. Wadsworth 177 = 10 =00 

1686 To Come sent from severall Towne 1037 = 17=00 
sould for mony as "^ m^ Whartons aco' ) 
To Cash p'l. Ditto ^ John Wheelor 032=00 = 00 
To Cash pd Dito^W™. Whiting^ Recept 019 =00 =00 
To Cash p'^ ^ Thomas Skiner & ordered 08 = 00 = 00 

459=17 = 00 

* The efforts of Smith to deliver possession of the lands in dispute are 
recounted in depositions made at the time, 4 and 8 December, 1679, 
printed as a part of the proceedings of the Rhode Island Council, No. 91, 
pp. 286-297. 



HARRIS PAPERS. 351 

f Contra Cr. 

1681. 

June 28 By mony p'*. in England to m'. Dean & "i 

m^ Lease for Redemption of m"". Harris [ 289 — 9 — 07 

as ^ m^ Deans Letf. and m^ Whartons [ 

ace* will appeare* : 289 = 9 = 7 J 

By Exch" at 25i' "^ Cent 72 — 07 — 7^ 

1685. By Intrest for 4 yeares at 6'' Cent 86 — 14 — 11 



June. 24. 85. This Ace", thus Stated und'. m"" ) 448=12 = 1^ 
Wharton hand j 

By Intrest of 85-2-1^ at 6 '^ ) 007 = 14=0^ 

Cent, one yeare and halfe i 

By Cash allowed Jn". Wheeler ) 003 = 1 1 =00 

for fraight of Come I 

459=17=01 

This is a true Coppy of the Ace", taken out of the Country 
Booke of the Collony of Conecticott In Hartford this 25*^. of 
March, 1694.! 

"^ Joseph Whiting Treasu^ 
[Cushman Papers.] 



121 

Pawtuxet Proprietors' Appointment of Attorney, 
25 June, 1686. 

Endorsed : — Pautuxet Proprieters Letter of Atturney to N 
Thomas 

To all to whom these p^sents shall Come Greeting Wher- 
as M"" William Harris of Pautuxett in the Colony of Rhode Is- 



* The Connecticut Court accepted this account, 14 May, 1685 {Conn. 
Col. Rec. iii: 169). 

t The above copy was made at the request of Howlong (Harris) Fen- 
ner, 28 March, 1694. (See No. 128, p. 363.) 



352 RHODE ISLAND HISTORICAL SOCIETY. 

land & Providence Plantations upon his Pettition to his Late 
Majesty, in behalf of himself & partners owners & proprieters 
of the lands att & about Pautuxett procured a speciall Court to 
sitt at s^ Providence to hear the Complaints of s'^ william Har- 
ris & partners against severall Intruders on their lands which 
s<^ Court upon hearing & triall of severall Plaints & suites 
Comenced by s'' Harris Tho. Feild & Nathaniel Waterman 
against severall pi^sons viz John Towers of Hingham Capt John 
Green & M"" Samuel Gorton Jun'. of Warwick John Harrod 
Thomas Relph & Rodger Bucklingham & others Tenant p^ 
force, found & gave Judgments for the Plantiffs true title of 
land damages & Costs of Courts by virdicts of Jury & Judg- 
ment of Courts as by the Records of s'^ Courts reference 
therunto being had more fully appeareth ; And It soe hapen- 
ing that the s<^ Will™. Harris deceased before Execution was 
served and the s'' Intruders removed off from the s'^ lands soe 
that they still remain thereon & hold the same by force Now 
Know you That wee whose names are hereunto subscribed 
partners as afores'* & proprieters of the s^ lands Have made 
ordained Constituted & Deputed & by these p''sents Doe make 
ordaine Constitute & Depute & in our stead & place putt Our 
Trusty & welbeloved f reind Cap* Nathaniel Thomas * of Marsh- 
feild our True & lawfull Atturney for us & in our name place 
& stead & to our use To prosecute the s^ Plaints & suite to Ef- 
fect soe as the Intruders & holders of our s'^ lands by force 
may be Removed off from the same & we put into peacable & 
quiet possesion thereof & have Execution for our s'' Damages 



♦Nathaniel Thomas (1643-1718), for several years a selectman and 
representative of the town of Marshfield. Mr. Rider {Hist. Tract, ser. 2, 
no. 4, p. 108) says that Thomas, in 1687, proposed that the Pawtuxet 
men should "procure a new charter, which he assured them could be ac- 
complished speedily and at small cost, and under it they could possess 
themselves of all the lands which they claimed. Mr. Thomas says, ' My 
advice is that with expedition and secrecy as to ye adversaries ' this be 
done — ex parte, of course, as usual. This was discussed, but nothing 
came of it. Later in the year or early in 1688 Mr. Thomas attempted 
with a writ of scire facias at Newport to reopen the case, but his attempt 
failed." 



HARRIS PAPERS. 353 

& Costs hereby giveing & granting unto our s^ Atturney full 
power & lawfull Authority to prosecute all or any of the s'^ 
Plaints & suites before any of his Majestis Courts Judge or 
Judges which hath or may have proper Cognizance thereof. 
Atturney or atturneys under him to make & Constitute & at 
pleasure to revook & generally to say doe perform & Execute 
whatsoever in the law shall be needfull or Conveniet for the 
Effecting & accomplishing the p''mises or any of them ; & 
whatsoever our s'^ atturny shall lawfully doe or Cause to be 
done in about or Concerning the p''mises we doe by these 
p'sents ratifye allow & Confirm the same in as full large & 
ample maner as if we our selves were p^sonally p'^sent In wit- 
ness wherof we have hearunto set our hands and seales the 
twenty fift day of June 1686 Anno g"" R R F Jacobi secundi 
secundo. 

Signed seald & Deliver'i in p'^sence Thomas ffield [s] 

of us witneses John Sheldon Nathaniell Waterman [s] 

Nathaniel Thomas Ju^ Stephen Arnold [s] 

Timothy Carpenter [s] 
Silas Carpenter [s] 

Benjamin Carpenter [s] 
Nathaniel Thomas Junior one Jeremiah Rhoads [s] 

of the witness to this instru- Peleg Rhoads [s] 

ment appeared before me one Benjamin Smith [s] 

of his Majesty s Counsell & made oath that he was p''sent & 
saw the afores^ nine p''sons signe seale & Deliver the above 
written Instrument as their act & Deed & that the other wit- 
ness John Sheldon then set his hand hereto 
feb. 14. i68f William Bradford 

[From Harris Papers, p. 104.] 

122 

Pawtuxet Proprietors to Hinckley, 6 July, 1686. 

To the Honourable Thomas Hinckley Esq"^ & to the Worship- 
full his asistants assembled in Court July. 6. 1686 



354 RHODE ISLAND HISTORICAL SOCIETY. 

The Humble Pettition of the Purchasers & propietors of the 
land of Pautuxett in Providence in the Colony of Rhod Island 
& Providence Plantations 

Humbly sheweth 

That Wheras M"" William Harris of Pautuxett afores'* now 
deceasd upon his Pettition to his Late Majt'e in behalf of him- 
self & partners owners of the lands att & about Pautuxett Pro- 
cured a speciall Court to sitt at Providence to hear the Com- 
plaints of s*^ W™ Harris & partners against severall Intruders 
on their s<^ lands, w^h s^ Court upon hearing & triall of severall 
Plaints & suits Comenced by s^ Harris Thomas feild & Nath- 
aniel Waterman against severall p'^sons viz John Towers of 
Hingham. Cap' John Green & M"" Samuell Gorton & the Town 
of Warwick, John Harrod Thomas Relf Roger Burlingham 
& others Tenants p'' force : found & gave Judgment for the 
Plantiffs true title of land dammages & Cost of Courts by vir- 
dicts of Jury & Judgments of Court as by the Records of s"* 
Court more fully appeareth. And those Cases being Repre- 
sented to his Majt'e. for his finall determination thereon his s<^ 
Maj*i« by his letters dated at Winsor the 9*'' of July 1679 gave 
order y* as to y^ Case of Warwick the Gov & Majistrats of this 
Colony should Call before them John Green & Randall Holden 
& hear the p^'tencis of the s'* harris &c to the lands Conteined 
in that verdict. & as to the first & three last verdicts of s^ 
Court given in favour of s<^ Harris & partners (In Case Rhod 
Island GoVm* failed the doing Execution thereon in 3 months 
after the Reception of his Majestis Comands) your selves were 
Requir<i to Cause Execution to be done both for lands & Dam- 
ages as by his s^ Majestis letter more at large appeareth 

And we further shew your Honours that the then Gov of 
Rhod Island & some of his assistants haveing Received his s<i 
Majesty s Comands for Causeing Execution to be done in the 
first & 3 last Cases as afor^ s'*, After divers meetings & ad- 
jornments about the same in the s^ year 1679. finally appointed 
one John Smith to to give quiett & peaceable Possesion of the 
lands recovered by the first & 3 last verdicts of the s^ speciall 
Court with the damages & Cost &c. unto s<^ Harris Thomas 



HARRIS PAPERS. 355 

feild & Nathaniel Waterman &c. (Although M' Walter 
Clarke then Deputy Gov & M"" Thomas Ward then assistant 
agreeing with the Rest in doing Execution as afor^ s^ dis- 
cented from & declaired against under their hands, his the 
s<^ Smiths being the p''son to doe the same Declairing him 
not a meet man to be Imployed in that servise & Judged 
him Partiall from what they had heard him speake Concerning 
the pi'mises) And the s<J Smith accordingly takeing that ser- 
vise on him went to Pautuxett & p'^tended to s'^ Harris &c he 
was Come to Deliver execution &c. 

But in most deceitfull maner deceived them and never at- 
tempted to Remove or Disposes the s<i Harrod Burlingham & 
Relfe from off the s^ lands, But some Miles from the Place 
where s<^ Harrod Burlingham & Relfe &c held Possesion by 
force whether the s<^ Harris & partners then went to Receive 
Posesion The s^ Smith with his Crew s^ Green & others staid 
p'^tending their to deliver seison by twigg & turff if Harris & 
partners would Come thither to Receive it : By which falaci- 
ous doings of the s^ Smith the s^ Harrod Burlingham Relf & 
others still hold Possesion of the s"^ lands by force & your 
Petitioners held out thereof to this day. Nor hath the Gov- 
ment of Rhod Island ever taken any other Course to p''form 
the Kings Comands or to put y Pettitioners into the possesion 
of the same to this day. And the s'^ Harris then Imeadiately 
going for old England was first taken by the Turkes & after 
dying abroad before his Return home ocasioned the thus long 
delay of adress to y Hon''^ in that matter 
Wherfore your Pettitioners Humbly Pray y Honours accord- 
ing to his s'' Majestis Comands to appoint & Impower an offi- 
cer to Remove & Disposes the p''sons that still hold our s^ 
lands by force & Cause us to be put into the possesion of the 
same & to doe Execution for our s'^ Costs & damages in the s'^ 
Cases & your Pettitioners shall Ever Pray for y hono"^^ pros- 
perity & Remaine as in duty bound &c 

Y"^ Hon-'s Humble serv^ 

Nath" Thomas p-" Cu 
[Harris Papers, p. io6.] 



356 RHODE ISLAND HISTORICAL SOCIETY. 

123 

Brinley to Mrs. Harris, 28 September, 1686. 

Addressed : — To M^^ Susanna Harris 

at Cap* Arthur Fenner's 
in 

Providence 

Rochester* the 28*'' of September 1686 
M's Susanna Harris 

Three daies since I rec^ a writing from Henry 
Tew t written with your husbands owne hand, signed and 
sealed by himselfe, and attested before John Whipple Assist- 
ant, The purport thereof being (as a Codicill to a will,) to give 
unto the Children of your Daughters Mary and Susanna, and 
the children of your Son Andrew such parts or portions of his 
land at such times and by such Trustee as in the yeare 1686 
&c have power thereby to act, your Son Andrew being dead 
and your daughter uncapable by her marriage, it is delivered 
unto mee as being next in nomination, and Something being to 
be performed this yeare to your daughter Mary Borden $ &c I 
not having y^ will by me w^^ this hath reference to, am in the 
darke about it, and the more by reason of your Sons former 
transactions not according to the will : I cannot tell whether 
this writing be of any force to alter any thing mentioned in the 
will, especially being kept private, w'^'^ this is ordered to bee, 
but I suppose knowne to your selfe, neither doe I think a 
Tenure of Gavoll kind can be instituted (as this seemes to hint) 
for [ ] Lands are to descend according to the Manner of East 
greenwich in Kent, w^^ is different from Gavell Kind. Pray 
affoard me a line or two of your mind in answer, I am ready 



* Kingston was officially named Rochester during the Andres period, 
1686 to 1689. 

t Henry Tew (1654-17 18), a leading citizen of Newport and a deputy to 
the Assembly from 1680 to i6y8. 

i Mary Harris married, 20 January, 1664, Thomas Borden. 



HARRIS PAPERS. 357 

and willing to doe any thing that may be of use and service to 
you or your's having Lawfull authority for so doeing. I never 
heard of this writing till now, and why now only made knowne 
to me I understand not. I am willing to doe the thing that is 
right and to performe the will of the deceased according to my 
power and your advice, w^'' I expect to receive from you and 
remaine 

Yo"" friend & Serv" 

Francis Brinley 
[Cushman Papers.] 



124 

Testimony of Olney and Whipple, ig February, 1686-7. 

Epenetus Olney Aged 53 yeares or there a bout & Joseph 
Whipple* aged 25 yeares or there a bout being in gaged 
accordind to law tesstifieth as ffoulleth 

That upon the 18*'^ of ffebuarey i68f : John Weekes t of War- 
wick being at the towne of Providence & there at y^ house of 
John Whippell being in Company with Nathaniell Waterman 
& Tho : ffield. the said John Weekes, Nathaniell Waterman & 
Thomas ffield fell into discourse about Pautuxett lands The 
sayd John Weekes then informed the sayd Nath : Waterman : 
& Tho : ffield that he y« said John Weekes was then goeing to 
his Exellency S"" : Edmand Andros about the lands of Mashan- 
tatuck, & in case the sayd Nath : Waterman & Tho : ffield 
would then agree with him ffor them selves & the Rest of there 
partners he would engage for him selfe & for his partners, that 
what was at that time agreed upon betweene them three, as 
Concerning the lands of Mashantuck which have been so long in 
diference betweene them should stand firme & good, The first 



* Joseph Whipple (1662-1746), of Providence; his elder brother, Sam- 
uel, was married to Mary, daughter of Thomas Harris. 

t John Wickes, Jr., son of the original Warwick settler. 



358 RHODE ISLAND HISTORICAL SOCIETY. 

propossition made by the said John Weekes was that he & his 
partners should have each of them a hundread acres of upland 
& the meadowes amongst them, & allso to have both he & his 
partners to have each man in all pautuxett lands an equall 
share with pautuxett proprietors in the nex devision, The 
second propossition made by the sayd John Weekes, was that 
the said John weekes & his partners should be allowed by the 
sayd Tho : ffield Nath : Waterman & there partners three 
thousand acres of the sayd land & also the meaddows the which 
said lands & meadowes the said John Weekes & his partners 
would hold by vertue of the Right and purchasse which Pau- 
tuxett proprietors hold there clayme of Pautuxett lands by, 
which so Ever of the said propositions should be ageed upon, 
and if either of the sayd propositions would be assented to then 
there should be an End of the diference betweene Pautuxett 
men & the sayd John weekes & his partners as to the lands of 
Mashantuck & no more should be said of it, but in case those 
propositions were not assented to then hee would proceede & 
goe on with his buissinesse of the said Mashantatuck lands to 
his Exellency : but no agreement was then made by the 
aforesaid persons & so Each one wen his way. 

this these deponants 
Sath is truth 
Providenc ffebruary y^ 19*^ i68f 

Taken before me 

Arthur ffenner 

Asistant 
[Harris Papers, p. 105.] 



125 

Field and Waterman to Thomas, 21 February, 1686-7. 

Addressed : — These ffor Captane Thomas 

Providence ffebruary 21* i68f 
Sir wee Receved yours dated ffeb 12*'^ i68f and wee sent to 



HARRIS PAPERS. 359 

you a letter dated about ffeb y« 14th which wee hope you have 
receved, signifying what wee was in formed about the men of 
mashanatock what thay in tend to do that is to delever thare 
deeds up to the Governer & plead the land to be y« kings & 
one ye 18*^ of this Instant wee spake with John weekes thare 
a torney in our towne as he was goying to boston, & had dis- 
course with him about the matter as you may see by this in 
Closed testimoney,* he shewed us his letter of aterney which is 
weake & thare deed of y^ land thay clayme, to the best of my 
rememberanc it is dated in y^ yeare 1662 & those thay bought 
ye land of is 3 or 4 sorrey Indians & as I understand there 
leavfe from Royd Hand Corte was to perches 3 or 4 thousand 
ackers of land, but not to peches with in any townes Clame 
nor with in any other mens Clame, but m"" Harris house that 
he lived in long before there perches : is with in thare perches 
& a great dealle of the land belongin to the Towne of provi- 
dence, M"" Holden is at boston one Warwick be halfe & John 
Smith ye servare, wee had som thaught to bin thare our selfes 
but being that M"" Thomas Olney is Chosen & aponted to be 
there one our townes be halfe, which is abell to informe you in 
our matter better then our selfes, becase he hath bin in ployde 
in the matter in M^ Harris day wee thinke it may be Conven- 
ent for this barer, M'' Olney & your selfe to Confer to gether 
about, your matters there depending, m"" Harris grounded all 
his plea one the norword side of that branch of Patoxsett rever 
that Cometh out of penhongansett pond soe leveing it to your 

selfe wee Rest your 

ffreends Thomas ffield 

Nathaniell Waterman 
[Cushman Papers.] 



126 

Pawtuxet Men to Thomas, 8 March, 1688-9. 

Addressed : — " ffor his Loving freend Captane Nathaniell 
Thomas living at Marchffield these with care " 



* The preceding document. 



360 RHODE ISLAND HISTORICAL SOCIETY. 

Providence March y^ 8"^ 1688 

Loving freend Captane Thomas wee pray you to doe us that 
kindnes to delever all the rightings & deeds that is in your 
hand that doe Consarne our matter : to Clement King : * and 
wee whowse names are here unto subscribed will see you sat- 
isfied for your paynes : & wee pray you to send your mind by 
Clement King what you desier of us, ffor your paynes ; and 
wee will Take care that you may be satisfied & wee pray if you 
Can doe any good in the matter by righting any letter to his 
Excellencey or to M"" Dudly in formeing them how matters 
have bine Carred alonge, wee pray you do us that kindines if 
you are able to right : and if you plese and Can to returne your 
thoughts to us, & soe wee rest your ffreends & sarvants 

Stephen Arnold 
Nathaniell Waterman 
Thomas ffield 
Silas Carpenter 
Timothy Carpenter 
Peleg Rhoades 
[Cushman Papers.] 



127 

Pawtuxet Agent to Andros [March, 1689]. 

To his Exelence Sr Edmond Andros t K* Cap' Generall 
& Gov^ in & Over his Majesties Territory & Dominion of 
New England 



* Clement King of Marshfield bought land of Ephraim Carpenter in 
1687, and moved to Providence about this time. His daughter married a 
son of Thomas Harris. 

t Andros had arrived in Boston as Governor-in-Chief of New England, 
19 December, 1686, and remained in office until April, 1689. Thomas 
probably addressed him soon after receiving from the Pawtuxet propri- 
etors the letter of 8 March, 1689. 



HARRIS PAPERS. 361 

The Humble Pettion of Thomas ffeild Nathaniel Water- 
man & Divers others the proprietors of the lands of Pau- 
tuxet in the Towne of Providence 
Humbly Sheweth 
That M"" William Harris Late of Pautuxett afores<i upon his 
Pettition (in behalf of himself & your Pettitioners his Partners) 
to his late Majestic shewing that he & your Petitioners had 
been Entred upon & held out of the Possession of great part 
of their said lands by divers p''sons & therupon his Majestie 
was Graciously Pleased to Grant a speciall assize for the hear- 
ing of the said Complaints by his Order bearing date at Hap- 
ton in the yeare 1675 which accordingly sate at Providence in 
the yeare 1677 & upon hearing gave Judgment for said Har- 
ris & partners in five actions & made Report to his Majestye 
thereof 

That Major John Green of Warwicke one of the Defendants 
and great Oppressor of your Petitioners Posted to Whitehall 
And in the absence of the said Harris by Misrepresentation of 
the Matter (viz that the lands Conteined in the 2<^ verdict were 
noe part of the lands of Pautuxett nor within the Comission to 
be brought to tryall) obtained a stay of Execution on the second 
verdit wherin the said Green was Concerned, But upon the 
said Harrises arrivall in England & true Representation of the 
Matter his Majestie Ordered Execution to be made in the first 
& three last verdicts And a Rehearing of the second by the 
Gov & Magistrates of Plimouth who made Report thereof to 
his Majestie in the yeare 1679 in favour of said harris & your 
Petitioners, (viz that those lands Contained in the second ver- 
dict were part of the lands of Pautuxett & within the Kings 
Comission to be brought to Triall as well as any other of 
Pautuxett lands) but soe it is that the officer appointed by the 
Goverment of Rhod-Island to deliver Possesion hath Ren- 
dred his Majestis Gracious Comands Ineffectuall which nes- 
sesetateth your Petitioners to bring their writt of Scire facias 
now Depending 

That the said harris in goeing the third time to his Majesty 
to Carry your Pettitioners Complaints against the said officer 



362 RHODE ISLAND HISTORICAL SOCIETY. 

& Green was Captivated by the Argeireens & soone after died 
& soe your Petitioners Remaining under Great oppression & 
Injury are still held out of the Possesion of their s'' lands 

That his Majesties more Imeadiate Government being now 
established here your Petitioners humbly Conceive that the 
said second verdict & judgment wherin the said Green & 
Town of Warwicke are Concerned may by writt of Scire facias 
be heard & determined before his Majesties Superiour Court of 
Judicature here, without sending to England to lay the same 
againe before his Majestic 

Your Petitioners therefore most humbly Pray your Exe- 
lence would Pleas to Order that the said second verdict wher- 
in Warwick and the said Green are Concerned may be heard 
& determined before his Maj'^^ Superiour Court of Judicature 
here 

That if upon hearing the said Case of Warwick & the other 
Case now depending judgment shall be affirmed for you peti- 
tioners your Exelency would Pleas to Grant them a Pattent 
under his Majestes scale for New England for the further 
Confirmation of their title to their Pautuxett lands to be 
holden of his Majestic & your Petitioners will defrey the 
Charge thereof & Remaine as in duty bound &c 

Nathaniel Thomas as 
agent in the behalf & 
by order of the said 
Proprietors 

[Cushman Papers.] 



128 

Fitch to Mrs. Fenner, 28 March, 1694. 
Addressed : — These ffor Cap* Fenner of providence 

m's ffener* 

Yo""^ I Received and as with respect to what you desire of 



*HowIong Harris married Arthur Fenner in 1684. 



HARRIS PAPERS. 363 

me (viz) to give you an Accompt what our Colony paid for yo"" 
deceased ffather Haris^ redemption I concluded the the best 
way truely & rightly to understand it, was to send to our Treas'' 
& Secfy and here I have sent you an Account* under our 
Treas''s hand and a letter to my selfe from Col. Allyn 

verily the Gentlemen soe much concerned in and earnest for 
yo"" ffathers goeing for England they should at least have 
themselves paid halfe : By the account you will see it cost 
this Colony above ^450 in money, I can not, must not, I dare 
not, beleeve any of those Gentl"" concerned will or dare be soe 
unjust as to undoe yo"" fathers heir or heirs by reason of his 
being perswaded to serve them : yea should they whoe would 
pitty them if they were in Turkic, I well remember : that in 
the time of it when your ffather was in Captivity m"" Wharton 
used many Argument with me to excite our Gen" Court to 
pay m"^ Haris^ redemption money, and endeed I was consider- 
ably Instrimentall but I objected to him wee heard that you 
the Gentl™ that pretend an entrest in the narragansett Coun- 
try : hath taken a morgage of his lands : for said I twas yo^ 
contrivance to send m"" Haris & sent m"" Richardson to our 
Court allsoe to Imploy him, m"" Wharton Answer*^ noe if yC 
Colony will pay their proportion you shall have the morgage 
m' Haris^ children should have noe damage by it I find in the 
Account maj"^ Gen" Waite Wintroup name I know him soe 
hon^bie ^ just a person he will not suffer you to be wronged : 
But if any still molest you, if God spare my life Assue ycselfe 
I shall doe y^ best I can for you by all just means & soe will 
our Gentlemen here : I cant add only pi^sentation of heartie 
service unto Cap* ffener : & unto yo' selfe : whoe am yo"" ready 
& willing friend ready to serve to the uttmost of my power 

James Fitch Jun''t 

Norwich march 28 : 1694 



*For this account, see No. 120. 

t James Fitch {1649-1727), of Canterbury, assistant in Connecticut 
Assembly, major, and large landholder. 



RHODE ISLAND HISTORICAL SOCIETY. 

Give me leave to say I heartily thank that Widow or father- 
less childe whoe will give me oppertunity to serve them 

[Cushman Papers.] 



129 

Petition of Pawtuxet Proprietors 
TO THE Queen [1705]. 

To the Queens most Excell' Ma'y 

The Humble Petition of Andrew Harris Grandson and 
Heir of William Harris, Thomas Feild, and Nathaniell 
Waterman of Pautuxet in New England. 

Humbly Sheweth 

That the said William Harris Grandfather of the Pef by 
his Petition humbly offered to the late King Charles the 
Second of blessed memory bearing date the nth of June 
1675. Praying that Kings favour, Referring to Certain 
Lands belonging to the said William Harris Field, Water- 
man and Other Partners and Obtained the Establishment 
of a Court of Oyer and Terminer, Consisting of Certain 
Commissioners from the Massachusets, New Plymouth, 
Conecticutt and Rhod Island Colonys, To hear and De- 
termine the Pef^ Title to the said Lands as by the said 
Kings Royall Letter, and Direction thereupon Referrence 
thereto being had may more fully appear. 

That the said Commissioners from the four severall 
Governments Assembled and Sat at Providence the Towne 
where the said Lands lye, and by Lawfull Jurors of the Sev- 
erall Colonys as they were Directed Proceeded to a hear- 
ing and Tryall of the said Titles. That the said Harris 
and Partners Recovered five severall Virdicts against the 
Tenants by Force, and had Judgment thereupon, Hee 



HARRIS PAPERS. 365 

not being put into Possession he again Repaired to White- 
hall for the Kings further Favour and Justice therein. 
Where appeared John Green and Randall H olden in be- 
half of the Towne of Warwick Challenging the second of 
the said Verdicts of Injustice but Submitting to the other 
four Verdicts. And thereupon obtained the Kings fur- 
ther Letter to the Gov of New Plymouth and the Mag- 
istrates of that Colony alone (as the said Holden and 
Green desired objecting to the other two Colony s upon 
the account of displeasure against them) further to hear 
their challenge to the said 2^ Verdict. 

That in Obedience to this last Command of the King, 
Gov"^ Winslow and his Brethren of New Plymouth had a 
full hearing of all Parties and made their Report of the 
Justice of the said second Verdict in favour of the Pef 

That notwithstanding all that is above said, appear- 
ing by the Records, the Government of Rhod Island in 
whose Jurisdiction the Lands are Lying have refused or 
Neglected to put the Pef^^ into Possession but the Intrud- 
ers are there yet Remaining and many others joyned with 
them. 

That hereupon some years after all means used (to 
no purpose) by the said William Harris to Gain his just 
Entrance and Possession took another Voyage into Eng- 
land to obtain his Right but in that Voyage was taken 
Prisoner into Algeirs to his very great loss, and being at 
length Redeemed, dyed in London before he was Capable 
to make his further application to the King. 

That Andrew Harris the Present Pef his Grandson, 
and Heir being, now come of age, and thereby Capable 
to sustain the present Complaint togather with the said 
Field and Waterman his Partners. 

Most humbly pray of Your sacred Ma*y That the 
said Five Judgments may be Inspected, And That 
Your Matys Pef^ may be put into Possession of the 
said Lands with their Damages and Costs So by 
Verdicts Recovered. 



366 RHODE ISLAND HISTORICAL SOCIETY. 

And they shall ever pray &c 

Andrew Harris 
Thomas Field 
Nathaniell Waterman 



[Harris Papers, p. 95.] 



A true Copy 
Chris: Musgrave 



130 

Royal Order, 18 December 1705. 

Endorsed : — A Coppie of the Queens order upon Pau- 
tuxet mens Petition. 

Att the Court at S' James's the i8th day of 
December 1705 

Present 

The Queens most Excell* Maj^y 

His Roy"Highness Prince Duke of Somersett Lord Coningsly 

George of Denmark Lord Chamberlain M-^ Speaker 

Lord Keeper Earl of Stamford M"" Sec'^' Hedges 

Lord Treasurer Earl of Bradford M"" Sec^ Harley 

Lord President Lord Paulett L^ChJustTrevor 

Lord Privy Seal Lord Dartmouth M"^ Vernon 

Upon reading this day at the Board a Report of the R*: 
Hono^^^ the Lords of the Committee for hearing of Appeals 
from the Plantations on the Petition of Andrew Harris, 
Thomas Feild and Nathaniell Waterman, of Patuxent, in 
New England in America, Praying to be put in Possession 
of certain Lands within the said Collony and Dominion, per- 
suant to severall Verdicts for that purpose, with which the 
Governm* of Rhode island, within whose Juresdiction the 



HARRIS PAPERS. 367 

said Lands are lying, doe refuse to comply ; Which having 
been taken into Consideration ; Her Ma:^ in Councill is pleased 
to approve of the said Report, And accordingly to Order, that 
Copies of the said Petition, and papers therewith exhibited, 
relateing to this Cause, be transmitted to the Gov and Majis- 
trates of Rhode Island, who are hereby required to return 
their Answer thereunto by the first conveniency, together 
with their reasons, why the Pet"^ have not been put into 
the possession of the said Lands according to the afore said 
Verdicts ; And thereupon this Buisness be heard, at this 
Board the first Councill day in Novemb"" next. Whereof as 
well the said Gov and Majistrates of Rhode Island, as also the 
Parties to the said Suit, together with the Persons in possession 
of the said Lands, and all others concerned, are to have due 
notice and are hereby required not to fail of giveing their 
attendance at the same time, either by them selves or their 
Representatives or Agents as they shall think fitt.* 

Chris : Musgrave 
[Harris Papers, p. 99.] 



131 

Deposition of Hopkins, 10 June, 1706. 

Endorsed : — To Prove Smith went not to Mashantatuck 
as he Pretended &c See Joseph Williams s Testimony 

The 4''' day of December 1679 

I William Hopkins one of her Majestys Assistants for Provi- 
dence in the Colony of Rhod Island & Providence Plantations 
being Comanded by John Smith Marshall to go with him to 
give William Harris Thomas ffeild & Nathaniel Waterman 
Possession of Certaine lands that they Recovered of Roger 
Burlingham John Harrod & Thomas Relph at a speciall Court 
held at Providence Octob*^ the ^'^ 1677. I went with him to a 
Place where one Ephraim Carpenter had lived & the s'^ Smith 



*For Rhode Island's answer to this order, see /?. /. Co/. Rec, iii : 559. 



368 RHODE ISLAND HISTORICAL SOCIETY. 

bid me stay there untill he went & Warned William Harris & 
his partners to meet him & take Possession of their lands sued 
for & then he would Come & Call me to go with him & when 
the said Smith Returned he told me that he would go to Ma- 
shantatuck a Place so Called in Pautuxet lands where the said 
Harrod Burligham & Relph had lived, the Place where he was 
to serve the Execution & bid me stay till William Harris & his 
partners came & then to Conduct them to him, for he said that 
the said Harris & Partners Promised to Come thether to the s^ 
Ephraim Carpenters. & my self and one John Arnold stayed 
there untill sunsett but neither the said Harris nor his part- 
ners Came to us, & the said Smith & some others that were 
with him went from us out of sight of the Place where we 
was it being thick wood but I heard them all the time that I 
stayed there & I Judge that they were not above a quarter of 
a Mile from us & the Place Called Mashantatuck where we 
was to serve Execution was at least three miles from that 
Place And I further Testifye that Roger Burlingham & the 
successors of John Harrod & Thomas Relph keepe the said 
land still in Possession 

And this I declare to be Truth as I am under oath 
Witness my hand & scale this lo**^ day of June Anno Domony 
1706 & fift yeare of the Reign of our Sovereign Lady Anne 
by the Grace of God Queen over England Scotland ffrance & 
Ireland Defender of the faith 

William Hopkins assistant * [Seal] 
A True Coppy of the origeonall Compared by me 

Nathaniel Thomas 
[Harris Papers, p. 100.] 



132 

Deposition of Arnold, 10 June, 1706. 
Endorsed : — To Prove Smiths Sham giveing Possession. 



*William Hopkins, of Providence (1647-1723), was a surveyor. 



HARRIS PAPERS. 369 

John Arnold* aged upwards of fifty years Testifyeth That he 
being Comanded by John Smith Marshall to assist him in 
giveing William Harris & p^ners Possession of their lands sued 
for at a Court of Comition held at Providence October the ■^^. 
1677. & being Comanded to stay at the Place where Ephraim 
Carpenter formerly lived to Wait for william Harris so there 
I stayed with William Hopkins that is Now an assistant untill 
sunsett & the said Smith & some that were with him went a 
little distance from us : I was not sensible that they were 
above a quarter of a Mile from us all the Time we stayed 
there, according to my hearing, which Place was severall Miles 
from Meshantatuck the Place where John Harrods house for- 
merly stood where William Harris demanded to have Possess- 
ion given. 

June the io"> 1706 Taken upon Ingagment before me 

Phillip Tillinghast Justice of the Peace 

A True Coppy of the origeonall Compared by me 

Nathaniel Thomas 
[Harris Papers, p. 109.] 

133 

Pawtuxet Proprietors' appointment of Agent, 
12 June, 1706. 

Whereas upon the Petition of us Andrew Harris Thomas 
ffeild & Nathaniel Waterman of Pautuxet in the Colony of 
Rhod Island & Providence Plantations in New England Pray- 
ing to be put into Possession of Certaine lands of & at Pau- 
tuxet afores<i Pursuant to severall verdicts for that Purpose. 
The Queens Most Excelent Majesty in Councill was Pleased 
to order that bussiness to be heard at St. James s the first 
Councill day in November next 

Wee the said Petitioners Have & Do Hereby Desire Au- 
thorise & Impower John Chamberlaine* of Pette ff ranee 



*John Arnold, of Providence (1648-1723). 



370 RHODE ISLAND HISTORICAL SOCIETY. 

Westminster Esq"^ as our Agent to appeare & Manage the said 
bussiness Case & Cases for us & our partners from time to 
time as occassion may Require Ratifying allowing & Confirm- 
ing all & whatsoever our s'^ Agent shall lawfully do or Cause 
to be done in about or Concerning the p''mises In Witness 
wherof Wee have hereunto set our hands and seals the twelth 
day of June 1706. 

Signed sealed & Delivered 

in p'^sence of us Andrew Harris [s] 

Joseph Otis Thomas fheld [s] 

Henry Harris Nathaniell Waterman [s] 

A True Coppy 

[Cushman Papers.] 

134 

Deposition of Wilkinson. 

Endorsed : — Cap' Wilkinsons Evidence of Running the 
Lines of Petuxett in May 1711 

Sam" Wilkinsont aged sixty nine years Tesefieth that he 
being one of the Comittee togather with m"" Joseph Williams 
and Maj"" Thomas ffenner of Providence in y^ Colony of Rhode 
Island Chosen and Impowered by y^ proprietors of ye lands of 
Providence afore s<^, to Run y^ lines and fix the bounds be- 
tween y^ lands of Providence and Lands of Pawtuxet that 
they the s"* Comittee togather with M"^ Peleg Rhodes M, 



*John Chamberlayne (1666 ?-i 723) was a miscellaneous writer and man 
of affairs, a member of the Royal Society, holding various offices about 
the court. His house was in Petty France, now York street, West- 
minster. A list of documents sent over to him for use in the Pawtuxet 
case is among the Cushman Papers. 

tSamuel Wilkinson, of Providence, who died 27 August, 1727. The 
date of his birth is not known, so that his age does not help to fix the 
date of the present document. He was frequently elected deputy, begin- 
ing in 1693. 



HARRIS PAPERS. 371 

Andrew Herris and m"" Thomas ffield of s^ Pawtuxet, did in 
ye month of may in y^ year: 171 1: Run y^ s<^ Lines* and fix the 
bounds according as they had before agreed : the northwest 
bounds of Pawtuxet Land being a stake and heap of stones 
standing on y^ western or northwestern part of a shrub plain, 
which they did then supose to be in or near y^ Line called the 
seven mile Line, And that they did then Run y^ Deviding 
Line from y^ afore s'^ corner Eastward to the stone at Masha- 
paugt a nother fixed bounds between y^ Lands of y^ proprie- 
tors of Providence and y^ Lands of Pawtuxet, the which Line 
did fall on y« north side of y^ Dwelling place of Samuel fifisk, 
and on y^ north side of y^ Ceder swamp, (which lyeth west- 
wardly from y^ home farm of James Mathuson) and allso 
Run through y^ neck Called auntshantick neckt, And also 
this Deponant Testefieth that they did then Run y« south 
Line from y« afore s'* corner bounds unto Warwick Line or 
north bounds according to their greement, and did mark the 
trees that did stand in y^ s'^ Line for the western bounds of 
Pawtuxet Lands, the which Line did fall on y^ west side of y^ 
s^ Dwelling place of Samuel ffisk Leveing it within Pawtuxet 
Land : And did Run near y« then Dwelling house of James 
Thornton some few poles distant on ye East side of said 
house and so Run through some Land which s<^ Thornton had 
then fenced in Southeastwardly from s^ house Leveing some 
part on y^ East side of said Line, and within Pawtuxet Lands. 

[Cushman Papers.] 



*The committee's report, drawn up February n, 1712, is xnProv.Rec, 
xvii : 284. For an account of the running of this line, see under " Divid- 
ing Line" in the List of Seventeenth Century Place-Names. There 
are several documents in the Fenner Papers in the City Hall which 
give the details of surveys in running this line and the seven-mile line. 
(See Fenner Papers, nos. 16816, 16877, 16887, 16975.) 

tA document in the Fenner Papers (no. 16816) shows that this marked 
stone was 260 poles north of the marked tree at Mashapaug, which in 
turn was one mile and 44 poles north of the Pawtuxet river. 

tAntashantuck was the neck of land between Antashantuck pond 
(now Randall's pond) and the northern bend of the Pocasset river. 



LIST 

F 

SEVENTEENTH CENTURY 
PLACE-NAMES 

1 N 

PROVIDENCE PLANTATIONS 
1636 — I 700 



.1 

I 



PREFATORY NOTE. 



In the following alphabetical index and accompanying map 
the attempt is made to locate every place-name mentioned in 
the Providence records before 1700 and included within the 
original town of Providence as granted by the Indians to the 
early colonists, i. e., the territory between the Pawtuxet River 
and the Blackstone River. A concise description is given of 
each name in order that it may be located on a modern map. 
In the case of those names which are still in use, the modern 
spelling has been generally adopted, with note of the fact if 
the early spelling is greatly at variance with that of the pres- 
ent day. In calculating distances given in early surveys it 
should be remembered that the surveyors used both the i6>nd 
the 18 foot pole, and that consequently a distance can often 
only be approximated. It should also be borne in mind that the 
magnetic north of the latter part of the 17th century varied 
about 12° west of the true astronomical north used on the re- 
cent government maps and on many modern surveys. 

The references, which are chiefly to the printed volumes of 
Providence Records, are given merely to show early or sug- 
gestive usage of a name. The references to manuscript 
sources are in most cases self-explanatory. The early manu- 
scripts in the City Hall have been of great service, especially 
the Fenner Papers and the long series of Providence Town 
Papers in the office of the Clerk of the Municipal Court, the 
volumes of deeds and the plat cards in the Deed Office, and 
the two folio volumes of early Plats of Highways in the cus- 
tody of the City Clerk. In the library of the Rhode Island 
Historical Society the Field Papers, the Fenner Papers and 
the Rhode Island Historical Society Manuscripts have been 
particularly serviceable. The frequent references to the Har- 
ris Papers are to the printed volume. The following maps 
and atlases have been of especial value : C. Harris, Map of 
the State of Rhode Island, 1795 ; B. Lockwood & S. B. 
Cushing, Map of the City of Providence and Town of North 



376 RHODE ISLAND HISTORICAL SOCIETY. 

Providence, 1835 ; J. Stevens, Topographical Map of the State 
of Rhode Island, 1831 ; H. F. Walling, Map of the State of 
Rhode Island, 1862 ; D. G. Beers, Atlas of the State of Rhode 
Island, 1870; G. M. Hopkins, Atlas of the City of Providence 
and Environs, 1882; United States Geological Survey, Topo- 
graphical Atlas of the State of Rhode Island, 1891 ; Everts 
& Richards, New Topographical Atlas of Surveys, Providence 
County, 1895. 

In the preparation of this index, the compiler has gathered 
a large collection of miscellaneous references gleaned from 
deeds, wills and town proceedings, relating both to the 17th 
century place-names included in the list and also to many i8th 
century place-names. This material is to be kept in the li- 
brary of the Historical Society, where it may be of service to 
the student of local history. The indebtedness of the com- 
piler to Mr. Edward Field, Mr. William G. Brennen, and Mr. 
Welcome A. Greene for courtesies extended to him in the 
work of preparation is hereby gratefully acknowledged. 

Clarence S. Brigham. 



LIST OF NAMES 



Absolute Swamp. An original boundary of Providence 
and undoubtedly the swamp northwest of the present Olney's 
Pond and southeast of the junction of the Louisquisset Pike 
and the so-called Breakneck Road, in the town of Lincoln. 
{P. R.'n-.yi; iii : 243 ; and Fenner Papers no. 177 17 in City 
Hall.) 

Antashantuck. The neck of land in the bend of the 
Pocasset River, east of the present Randall's Pond in the 
town of Cranston. Antashantuck Pond was the present Ran- 
dall's Pond. {P. i?. 4 : 68 ; viii : 72 ; and plat in Fenner Papers, 
p. 43, in R. L Hist. Soc.) 

AscocANOXsucK. The single mention of this locality in 
1667 gives no clue as to its location. {P. R. i : 36.) 

AssopuMSETT Brook. See Ossapimsuck Brook. 

Baileys Butts. Two little hills formerly located on the 
western side of the present Grotto Brook running into Bai- 
leys Cove, and probably on either side of the present Black- 
stone Boulevard near Magellan street. {P. R. iii : 76, 188, 
and Lockwood Map of 1835. These may be the two little 
hills shown on Hay ward's Plan of the Proposed Survey of the 
Boston ajid Providence Railway, 1828.) 

Baileys Cove. The cove at the southeast end of the But- 
ler Hospital grounds into which the present Grotto Brook 
runs. It was also called Baileys Further Cove or Upper 
Cove. Baileys Hither Cove or Lower Cove was about one- 
sixth of a mile further south, where the brook from Cat 
Swamp empties into the Seekonk River. {P. 7?. i : 84 ; ii : 36, 
106 ; iv : 144 ; viii : 73 ; and Lockwood Map of 1835.) 



378 RHODE ISLAND HISTORICAL SOCIETY. 

Benedicts Pond. Mentioned in the records as early as 
1659, being practically in the same location as it is at the pres- 
ent time — south of the junction of Union avenue and Wads- 
worth street. {P. R. i : 99, and Hopkins 1882 Atlas.) 

Bewits Brow. This locality, one of the original bounda- 
ries of Providence lands, was on the west side of the Moshas- 
suck River. The order in which it is listed in the " Sovereign 
Plaister " would seem to place it somewhere near the present 
Saylesville, but a careful study of early deeds places it a mile 
south of where the Moshassuck River bends toward the west 
at the upper end of the North Burial Ground. According to 
1 8th century tradition the brow of land formerly southwest of 
the present junction of Charles and Hawes streets was called 
Bewits Brow. {P. R. ii:i8, 19, 73; iii : 243 ; and Harris 
Papers, p. 92.) 

Blackstone River. In the 17th century almost invariably 
called the Pawtucket River. A rare instance of the present 
name is in Harris Papers, p. 171. 

Broad Cove. The present Burgess Cove, north of Fields 
Point. {P. R. ii : 32 ; vi : 37.) 

Cat Swamp. Mentioned in the records as early as 1669, 
although of somewhat larger extent than its present area. 
(P. R. iii : 118, and Lockwood Map of 1835.) 

Caucaunjawatchuck. a tract of land directly northeast 
of the present Olneys Pond in the town of Lincoln. (P. R. 
i : 34 ; V : 87 ; xi : 139 ; and Plat Card 385 in City Hall.) 

Cedar Swamp Brook. The " brook from the cedar swamp 
flowing into Neutaconkanut river " is mentioned frequently 
in the early records. Identical with the present Cedar Swamp 
Brook in the town of Johnston. (P. R. viii : 72, 81; xiv : 100, 
220.) 



LIST OF NAMES. 379 

Chapompamiskock. a large tract of land extending south- 
east from the present Chopmist Hill in the northwest corner 
of Scituate. The name was also applied to the hill itself. 
{P. R. viii : 138 ; xii : 68 ; xvi: 322.) 

Cold Spring. The only apparent mention of the locality 
of this name near Red Bridge in the early records is in 1681, 
where the place spoken of is undoubtedly identical with the 
Cold Spring situated at the extreme eastern end of East Man- 
ning street. {P. R. viii : 91 and Plat Cards 112 and 125 in 
City Hall.) Another locality called Cold Spring was south- 
east of Scotts Pond, being situated near the present corner of 
Lonsdale avenue and Crossman street in the city of Central 
Falls. {P. R. ix : 16 ; xiv: 16 ; and Walling Map of 1862.) 

Cove. " The Cove " or great body of water formed by the 
joining of the Woonasquatucket and Moshassuck Rivers, as is 
shown on all the early maps of Providence, was so called as 
early as 1671. {P. ^. iii : 214 ; v : 199, 227.) 

CowPEN Point. A point jutting into the Providence 
River at the present corner of Point and Eddy streets. Ap- 
pears on the Anthony Map of 1803. {P. R. ii : 103 ; viii : 69.) 

Cranberry Pond. That part of the present Scotts Pond, 
in the town of Lincoln, which was known as Cranberry Pond 
before the construction of the Blackstone Canal, and which 
to-day is sometimes called Floating Island Pond. {P. R. 
iii : 163; xiv: 13-16; and Stevens Map of 1831.) 

Crookfall Brook. This brook, the present boundary 
between Lincoln and North Smithfield, was so called as early 
as 1683. It was more often, however, termed the Wesquad- 
omeset. {P. R. iv : 143 ; xiv : 194 ; xvii : 20.) 

Devils Hole. A deep hole on the west side of the 
Woonasquatucket River, near the present village of Dyer- 



380 RHODE ISLAND HISTORICAL SOCIETY. 

ville. (/*. /?. V : 97, 139; xi : i8i ; xiv : 152 ; and MS. Deeds, 
iv: 187, in City Hall.) 

Dirty Cove. See Hawkins Cove. 

Dividing Line between Providence and Pawtuxet lands. 
The attempt is here made to summarize the various details of 
action regarding this line, from 1640 until its final settlement 
in 1712. 

The line from Sassafras Cove to the tree at Mashapaug and 
thence between the Pawtuxet and Woonasquatucket rivers 
"of an even distance" was agreed upon July 27, 1640 {P. R. 
XV : 2, 76). It was apparently run out by the Pawtuxet men 
in 1659 (xv: 76) and by a joint committee sometime between 
1661 and 1665 (xvii : 215 ; Harris Papers, p. 256). In 1660 the 
Town of Providence voted that they would own the line to 
extend equally between the two rivers for twenty miles, which 
vote, as later testimony shows, was procured at a " packed " 
meeting {P. R. ii : 125; and Fenner Papers no. 16675 in 
City Hall). On April 27, 1661, a joint committee was ap- 
pointed to extend the line beyond Mashapaug {P. R. iii : 2). 
This line, however, as Harris shows in his account of the sur- 
vey, was run much too far north, to Hipses Rock {Harris 
Papers, p. 256). A joint committee appointed in 1665 to ex- 
tend the line correctly beyond Mashapaug never accomplished 
anything {P. R. iii : 61 ; xvii : 245). In 1669 the committee 
of 1661 reported that they had run the line from Sassafras 
Cove to Mashapaug, thence north to a point midway between 
the two rivers, thence west to a point near the Pocasset River, 
which report was accepted by the Town (iii : 136 ; xvii : 215). 

The subject of the dividing line rested until Harris ob- 
tained his order from the Court, November 24, 1677, requir- 
ing Providence to run a direct line from the head of the 
Woonasquatucket River to the Pawtuxet River, and then a line 
equi-distant between the two rivers to this thwart line (viii : 46 ; 
XV : 174). Providence immediately appointed a committee 
(viii : 2 1 ), but endeavored to shorten the Pawtuxet territory 



LIST OF NAMES. 381 

by running a thwart line from the head of the Woonasqua- 
tucket River to a point on the Pawtuxet River near its mouth 
(viii : 28, 31 ; Harris Papers, p. 238 ; and map in Rider's Hist. 
Tract, ser. 2, no. 4, p. 100). Although the Court disapproved 
of this method of running the thwart line and an order was 
obtained from the King requiring a true execution of the ver- 
dicts, yet the death of Harris, in 1681, removed the leader of 
the Pawtuxet men from the field, and on January 16, 1683, a 
joint committee agreed that the western boundary of the Paw- 
tuxet territory should be the seven-mile line, and that the 
northern boundary should be a line running from a center 
point on a head line through the tree at Mashapaug to a point 
on the seven-mile line midway between the Woonasquatucket 
River and the Warwick north line (P. R.'w : 73), which was 
practically an equi-distant line between the two rivers. Provi- 
dence approved of this report and ordered the lines to be run 
without delay (viii: 130). Yet, although this order was re- 
newed in 1698 and in 1706 (xi : 43, 105) and was made the 
subject of numerous petitions from the Pawtuxet men 
(xvii : 230-274), it was not until May 14, 171 1, that the line 
was finally run by a joint committee. This line ran from a 
marked stone at Mashapaug west 14° north to the seven-mile 
line, and from that point due south to the Warwick line 
(xvii : 282). Its more specific boundaries are given in the 
Harris Papers, p. 371. The committee's report was drawn 
up on February 11, 1712, and recorded, marked "accepted," 
on March 3, 171 2 (xvii : 284.) 

Dry Brook. Situated in the town of Johnston and still 
so called. {P. R. v: 180.) The present reservoirs on the 
brook, however, are of comparatively recent construction. 

Foxes Hill. Appears in the records as early as 1644. 
' The hill, which has been mostly cut away, extended between 
the present South Main and Ann streets as far south as India 
street, the highest point being near the present corner of 
Brook and Tockwotton streets. {P. R. ii : ,5, and engraving 
on Anthony Map of 1823.) 



382 RHODE ISLAND HISTORICAL SOCIETY. 

Gotham Valley. A valley, formerly so called, located 
south of the southern bend of the Woonasquatucket River 
near the present junction of the Hartford and Plainfield 
roads. (P.RA:S; xiv : i68.) 

Great Meadow Hollow. A valley, mentioned frequently 
in the early records, directly south of the present junction of 
Lonsdale avenue and Main street, in Pawtucket. It appears 
on the Lockwood Map of 1835, where it is called Meadow 
Hollow. The Great Meadow itself lay on the Moshassuck 
River to the west of the Hollow. (P. R. n: y ; iii : 98 ; xi : 165 ; 
xiv : 162.) 

Great Point. A hilly point on the northern side of the 
old Cove, being practically at the present junction of Gaspee 
street and Kinsley avenue. (P. R. ii : 36 ; iii: 175; and 
Lockwood Map of 1835.) 

Great Pond. That part of the present Scotts Pond in the 
town of Lincoln which was known as Scotts Pond before the 
Blackstone Canal was built. {P. R. ix : 16 ; xiv : 16.) Earlier 
known as Worlds End Pond. 

Great Swamp. A large swamp, much of which still re- 
mains, extending north from Cypress street, between East 
avenue and the Swan Point road, nearly as far as Pidge ave- 
nue. It had four "openings," the first of which was at 
Cypress street and the second at Rochambeau avenue. {P. 
R. ii : 16 ; viii : 149.) Its location is well shown on the Lock- 
wood Map of 1835. 

Hackeltons Rock. The original name of Dexters Lime 
Rocks, in the town of Lincoln. {P. R. iii: 8, 66, 229, 241, 
and Dexter Genealogy, pp. 14, 26.) 

Hawkins Cove. A cove, the general outline of which 
can still be seen, at the eastern end of the present Blackstone 



LIST OF NAMES. 383 

street. It was also called Muddy Cove and Dirty Cove. {P. 
R. xiv: no; Providence MS. Deeds, iv: 237; and Plat Card 
66 in City Hall.) It appears on many of the early Providence 
maps and was formerly the eastern bound of the Providence- 
Cranston line. (See Cushing & Walling Map of 1849.) 

Hawkins Hole. A swampy place at the northeastern end 
of the present Randalls pond, in the town of Cranston. {P. 
R. iv : 62, 68 ; v : 137 ; and plat in Fenner Papers, p. 43, in R. 
I. Hist. Society.) 

Hipses Rock. Undoubtedly the high rock still standing 
in the three-cornered tract bounded by the old Plainfield road, 
the Morgans Mills road and the Pocasset River. (P. R. ii : 73 ; 
iii:6i; xiv: 26; Harris Papers, p. 256; and plat of the 
"Wise Farm " in the Fenner Papers, p. 11, in the R. I. Hist. 
Society.) 

Hunters Rock. The single mention of this locality in 
1686 gives little clue as to where it was situated. {P. R. 
xiv : 227.) 

HuRTLEBERRv HiLL. The hill, the highest part of which 
is near the present corner of Eaton and Hillwood streets, that 
is now called Bradley Hill. {P. R. iii : 88 ; viii : 158 ; and Plat 
Cards 118, 377, in City Hall.) 

Joshuas Swamp. A swamp mentioned in the account of 
Samuel Winsor's estate, in 1687, and probably situated on 
Small Brook, directly north of the present Chalkstone ave- 
nue. {P. R. xiv : 41 ; xvii : 54, 97 ; and Plat Card 118 in City 
Hall.) 

Keyes. a clump of pines on the eastern side of the 
northern branch of the Woonasquatucket River, and near the 
present dividing line between North Smithfield and Smith- 
field. This branch was occasionally called the Nipsachuck 



384 RHODE ISLAND HISTORICAL SOCIETY. 

River. This statement corrects the note on p. 103, infra. 
(JR. R. iii : 244 ; iv : 151 ; v : 106 ; Harris Papers, pp. 102-104 ; 
and Plat Card 385 in City Hall.) 

Little Flood. See Rumley Marsh. 

Long Cove. See Sassafras Cove. 

Long Craft. A small meadow on the Pocasset River, in 
the vicinity of Neutaconkanut Hill. Its exact location can- 
not be identified. {P. R. ii : 124, 126; and Fenner Papers, 
no. 17760, in City Hall.) 

Long Neck. The neck, still often so called, extending 
north and south, to the east of the cove at Pawtuxet. It was 
also called the Little Neck. {P. R. v : 55, 57; xv : 95 ; and 
Hopkins Atlas of 1882.) On a plat of 1661, in the R. I. 
Hist. Soc. MSS., v: 11, this neck is marked Washouset 
Point. 

Long Pond. Mentioned in the records as early as 1661, 
being in the same location as it was until recent years, — west 
of Elm wood avenue and between Daboll and Cromwell streets. 
P. R.i: 54, 95, and 1882 Atlas.) 

LoQUASQUSSucK. A tract of wooded country comprising 
practically the northern two-thirds of the present town of 
Lincoln. Mentioned as early as 1646. (P. R. iii : 26, 245 ; 
v: 108; and R. I. Col. Rec. i : 32.) Now spelled Louisquisset. 

Mameawequate. Apparently a boundary of the Mashan- 
tatuck purchase. {Harris Papers, p. 63.) 

Many Holes. A boggy meadow on the west side of 
Mashapaug Brook, a few hundred feet north of the present 
Park avenue. {P. R. ii : 13 ; v : 62 ; xiv : 268 ; xvi : 334 ; and 
plat in Field Papers, p. 84, in R. I. Hist. Society.) The Cun- 



LIST OF NAMES. 385 

liffs Pond of to-day is chiefly artificial, being merely an en- 
largement of Mashapaug Brook. (See the Stevens Map of 
1 83 1 and plat in Riders' Hist. Tract, ser. 2, no. 4, p. 100.) 

Martins Wading Place. A ford on the Blackstone River, 
a little south of the present village of Ashton, and about 100 
feet north of the present Berkeley bridge. {P. R. ii : 86 ; 
Wilkinson Genealogy, pp. 53-54; and Walling Map of 1862.) 

Mashackqunt. a tract of land beyond Wesquadomeset. 
{P. R. V : 283.) 

Mashantatuck. a tract of land, comprising about 4000 
acres, purchased of the Indians in 1662. The Indian bounda- 
ries are so indefinite that it is difficult to tell how far the pur- 
chase extended beyond Mashantatuck Brook, but in general 
its boundaries may be said to be the Pocasset River on the 
east, the Pawtuxet on the south, the Mashantatuck on the 
west and the Providence-Pawtuxet dividing line on the north. 
The locality was also occasionally called Paquabuck. {P. R. 
vi : 197 ; xiv : 290 ; R. I. Col. Rec. i : 483 ; and Harris Papers, 
pp. 62, 64, 69.) The name to-day, as it is given to the brook, 
is spelled Meshanticut. 

Mashapaug. A tract of meadow land about half a mile 
southeast of Mashapaug Pond. The locality was an original 
boundary of the town of Providence and in the earliest days 
a pathway led to it. (P. R. i:i3; iv: 71, 135; v : 60 ; 
xiv: 199; XV : 2, 21.) Mashapaug Pond. — Identical with the 
present pond of the same name, although of somewhat 
smaller extent ; mentioned in the records as early as 1645. 
{P. R. v:6i; vi : 141 ; xv:74.) Mashapaug Brook.— The 
outlet from Mashapaug Pond to the Pawtuxet River. The 
present Park lakes and Cunliffs Pond have been chiefly con- 
structed by damming this brook. {P. R. i : 45, 94 ; vi : 205 ; 
and Stevens Map of 1831.) 



386 RHODE ISLAND HISTORICAL SOCIETY. 

Maskataquatt. An Indian locality mentioned apparently 
as the southwestern boundary of the Mashantatuck purchase. 
{Harris Papers, pp. 63, 64.) 

Mattetakonitt Meadows. The meadows on the north- 
western branch of the Woonasquatucket River and directly 
northwest of the present village of Primrose in the town of 
North Smithfield. Occasionally called the Mattity Meadows 
and to-day known as Mattity Swamp. (P. R. viii:i39; 
xiv: 114 ; and Plat Card 385 in City Hall.) 

Mile End Cove. A cove formerly on the east side of 
the Providence River, where Link street is now located. After 
1700 it was occasionally called Wickendens Cove. The brook 
that followed the course of the present Brook street, and 
turning west flowed into the cove, was called Mile End Cove 
Brook. (/*. R. i : 4 ; ii : 5 ; xvii : 280 ; Hopkins' Home-Lots, 
p. 60; and plat of 1707 in Steere Genealogy, p. 193.) 

Mill River. A name given to the Moshassuck River for 
a short distance above the present Mill street. (/'. R. vii : 50 ; 
xi : 148; and folio Plat Book, i : 7, in City Clerk's ofifice.) 

Mishoasakit. The name of an Indian locality apparently 
bounded on the north by Wayunkeke, on the east by Secesa- 
kutt and extending westward seven miles. As a pond, the 
name might apply to either the present Spragues or Water- 
mans reservoir. {P. R. v : 284-286.) 

Moshassuck River. Same as the present river of that 
name ; an original boundary of Providence. In the town 
deed, Moshassuck is used as a name synonymous with Provi- 
dence. (P. R. iv : 71 ; v : 296 ; and Roger Williams' Letters 
in Narr. Chib Publications, vi : 263.) 

MoswANSicuT. First mentioned as a locality in 1660 and 
as a pond in 1665 — the same as the present pond in the north- 



LIST OF NAMES. 387 

eastern corner of Scituate. The lands about here were di- 
vided in 1684. {P. R.'n: 134 ; iii : 68 ; viii : 138 ; and plat in 
R. I. Hist. Soc. MSS., vii : 11, 12.) 

Muddy Cove. See Hawkins Cove. 

MusHATTCHUCKAPEAKE. An Indian ground, which it is 
impossible to identify with any modern locality. It was, how- 
ever, evidently near Mashapaug Brook, in the vicinity of Fran- 
cis Weston's house. {P. R. xv : loi ; and map in Rider's 
Hist. Tract, ser. 2, no. 4, p. 100.) 

Nanipsick Pond. A pond mentioned in the boundaries of 
the Indian tract Mishoasakit. It seems impossible to identify 
it with any modern body of water. {P. R. v : 284.) 

Narrow Passage. A narrow place in the Seekonk River, 
directly south of the present Red, or Central, Bridge. Andrew 
Edmunds kept a ferry here during the latter part of the 17th 
century. {P. R. iii : 48 ; viii : 44 ; xiv:i24, 237; and folio 
Plat Book, ii : I, in City Clerk's office.) 

Natick. a tract of land, generally spelled Nachick, the 
boundaries of which, according to its division in 1673, were 
the Pawtuxet River, the Mashantatuck Brook, the Warwick 
north line, and the vicinity of the present village of Ark- 
wright. The hill standing in this tract was called Nachick 
Hill. {Harris Papers, pp. 61, 303 ; Fuller's Hist, of Warwick, 
p. 206 ; and map in Rider's Hist. Tract, ser. 2, no. 4, p. 100.) 

Neck. "The Neck " was the land between the Moshassuck 
and Seekonk rivers, and extending on the north somewhat be- 
yond the present line between Providence and Pawtucket. 
Mentioned in the records as early as 1642. {P. R. i: no; 
ii : I ; and MS. Town Papers, 01 291.) 

Neutaconkanut. The name of a hill in the present town 



388 RHODE ISLAND HISTORICAL SOCIETY. 

of Johnston, generally spelled Neotaconkonitt in the early rec- 
ords. One of the original boundaries of Providence {P. R. 
iv : 71 ; v: 296; and Harris Papers, p. 55.) The name was 
also given to the Pocasset River above the southern end of 
Neutaconkanut Hill. {P. R. iv : 38 ; viii : 71.) 

NiPSACHUCK. A hill, in the present southwestern corner 
of North Smithfield, that was a western boundary of the first 
Inman purchase of 1666. The name was also applied to the 
river flowing down by the Keyes {g. v.), to the locality around 
the hill and to the swamp southwest of the hill. {P. R. iv : 
184; V : 65 ; Narr. Hist. Register, vi : 49, 62; and Stevens 
Map of 1 83 1.) 

NoNPLUSS Hill. A small hill directly northwest of the 
present village of Enfield, in the town of Smithfield. It may 
be said to correspond with the southern end of Wolf Hill, al- 
though this latter name was used as early, at least, as 1726. 
{P. ^. iv : 54 ; V : 28 ; xi : 16 ; xiv : 226.) 

Observation. As a hill, the name applied to the present 
Stump Hill in the southern part of the town of Lincoln. Ob- 
servation Rock was a high, peaked rock standing on top of the 
hill before the construction of the reservoir. {P. /?. ii : 73 ; 
viii: 1 01.) Observation Meadow was a tract of meadow land 
now overflowed and known as Olneys Pond. The brook run- 
ning through it to the Moshassuck River was known as Obser- 
vation Run. {P. 7?. i : 44 ; ii : 19 ; xvi : 223.) 

OssAPiMsucK Brook. A brook in the present town of 
Johnston, running easterly into the Woonasquatucket River 
between Allendale and Lymansville. Also called Assopum- 
sett. {P. R. v:ii7, 134; xiv: 225; xvi: 259; and Harris 
Map of 1795.) 

Oxford. An original boundary of the town of Providence, 
which it is impossible to identify with any modern locality. 



LIST OF NAMES. 389 

Judging from the order in which it is Hsted in the original 
boundaries, it was probably a ford on the Woonasquatucket 
River about six miles from Providence. {P. /?. ii : 73 ; Harris 
Papers, p. 92.) 

Pamechipsk. a ridge of hills forming the eastern bound- 
ary of the Indian tract Wayunkeke, and undoubtedly the 
range extending north and south through the center of the 
present town of Smithfield. {P. R. v : 285.) 

Papaquinapaug. The present Fenners Pond in the town 
of Cranston. The neighboring region was also called Papa- 
quinapaug, as was the brook running out of the pond. Mash- 
apaug Brook, near its southern end, seems to have been some- 
times termed Papaquinapaug Brook. {P. R. i : 45, 80 ; vi : 201 ; 
Harris Papers, pp. 57, 258 ; plat reproduced in Rider's Hist. 
Tract, ser. 2, no. 4, p. 100 ; and plat in Field Papers, p. 84, in 
R. I. Hist. Soc.) 

Paquabuck. a name occasionally applied to Mashanta- 
tuck. {P. R. XV : 87 ; Harris Papers, pp. 62, 69.) 

Paugachauge. An Indian field on the eastern side of the 
Neutaconkanut or Pocasset River, directly south of where Dry 
Brook flows in. {P. R. v : 53, 319 ; xiv : 39.) 

Paugeamapauge Pond. Apparently another name for 
Tabamapauge Pond, q. v. {P. ^. iv : 136 ; v : 38, 137.) 

Pawtucket. The name, Pawtucket River, an original 
boundary of Providence, was used interchangeably with the 
name Seekonk River for that part of the stream between Paw- 
tucket and the present India Point, as well as for that part 
of the present Providence River south of India Point. The 
name was also invariably applied to the river north of Paw- 
tucket, now called the Blackstone River. Pawtucket Fields, 
also an original Providence boundary, were on the western 



390 RHODE ISLAND HISTORICAL SOCIETY. 

side of the river and south of Pawtucket Falls. {P. R. 
ii : 129 ; iv : 71 ; v : 224 ; xiv : 1 12, 194.) 

Pawtuxet. An original boundary of Providence and a 
name given then, as now, to the locality, the falls and the 
river. Also in one or two cases called Pootatugock. (P. R. 
iv : 18, 71 ; xiv : 64. There is an early plat of the lands north 
of Pawtuxet reproduced in Rider's Hist. Tract, ser. 2, no. 4, 
p. 100, and a hitherto unnoticed plat of 1661 of the lands 
south of the river in R. I. Hist. Soc. MSS., v: 11.) 

Pesaumkamesquesit Pond. The present Blackmore Pond 
in the town of Cranston. The magnetic meridan line of 1664, 
run due north from the mouth of the Pocasset River to the 
Neutaconkanut road, could have passed only through Black- 
more Pond. This corrects the footnote on p. 73. (See Har- 
ris Papers, p. 73, and 1895 Atlas. 

Pettaconset. The meadow, or bottom, land on the north 
side of the Pawtuxet River, where the present pumping station 
is located. (/*. R. vii : 199 ; xiv : opp. p. iv ; xvii : 289 ; and 
Harris Papers, p. 62.) 

Pocasset River. Mentioned in the records as early as 
1652, but generally spelled Pauchasett. It was invariably 
called the Neotaconkonitt above the bend south of the hill. 
{P. R. ii: 12 ; viii : 71.) 

Pomecansett. The neck of land between the present 
Fields Point and Sassafras Point. Also spelled Pumgansett. 
One reference, however, in the early records seems to locate 
this region nearly two miles further south than Fields Point. 
{P. R. iii : 7 ; xiv : 146, 212 ; xv : loi.) 

Ponagansett Pond. The present Ponagansett Reservoir 
in the town of Glocester, being the extreme headwaters of 
the Pawtuxet River. The name, generally spelled Punhungan- 



LIST OF NAMES. 391 

sett, was also applied to the locality about the pond and to the 
stream which joined with the Moswansicut River at South 
Scituate to form the northern branch of the Pawtuxet River. 
{P. R. iv : 43 ; XV : 87 ; xvii : 230, 262 ; and Harris Papers, 
pp. 188, 212, 220.) 

Poor Man's Plain. A name occasionally applied to Ven- 
ter Plain, g. v. (P. R. iii : 89 ; and MS. Deed Book, xiv : 283, 
in City Hall.) 

Providence. The name first occurs in the records in the 
original Indian deed. {P. R. iv : 70.) Roger Williams often 
called it New Providence in his earliest letters. The Provi- 
dence River, from Pawtuxet as far north as the Cove, was in- 
variably called the "salt river" or the "great salt river" be- 
fore 1700; the earliest date that the present name occurs in 
the records is 1705. (P. R. iv : 19; ix : 14; xvii: 198.) 

Quttonckanitnuing. The northern boundary of Wayun- 
keke ; not identifiable with any modern locality. (P. R. 
v: 285.) 

Reynolds Valley. That part of the Blackstone Valley 
between the present Scotts Pond and the Blackstone River, in 
the town of Lincoln. {P. R.'\\: y \ xiv : 10-16.) 

RoBBiNS Brook. The brook flowing down by the western 
side of Windmill Hill to the West River — now a series of 
ponds, Randall's Pond, Upper and Lower Canada ponds, and 
Lincoln's Pond. {P. R.v: 15 ; viii : 151.) 

Rocky Hill. A hill, still so called, in the town of Cran- 
ston, east of the present Print Works pond ; mentioned in the 
records as early as 1659. {P. 7?. i : 97 ; iii : 169 ; xiv : 128.) 

Round Cove. A cove chiefly of thatch grass, of about 
six acres, which was formerly located directly west of the 



392 RHODE ISLAND HISTORICAL SOCIETY. 

present East River street at Red Bridge, and extending 
northerly to Medway street. {P. R.'iw : 192 ; v : 222 ; xiv : 279 ; 
Plat Card 125 ; and plat in Fenner Papers no. 17030 in City 
Hall ; and Lockwood Map of 1835.) 

RuMLEY Marsh. A little marsh, also called "Rumney 
Marsh on the Little Flood " bordering on the northeast corner 
of the Cove and directly north of the island later known as 
Whipple's Island. The location of this island, also called 
Little Island and Grassey Island, is well shown on the An- 
thony Map of 1823 and in folio Plat Book, ii : page i, in City 
Clerk's office. {P. 7?. ii : 4, 21, 56 ; v : 227 ; xiv : 9 ; Hopkins' 
Home Lots, p. 69; and Prov. MS. Town Papers, no. 0048199, 
in City Hall.) 

Sassafras Cove. A cove, generally spelled Saxafrax in 
the early records, corresponding to the present Corliss Cove 
at Sassafras Point. Also called Long Cove, occasionally in 
the 17th century and generally in the i8th century. {P. R. 
xiv : 146 ; XV : 2 ; and plat in Field Papers, p. 20, in the R. I. 
Hist. Soc.) 

Scockanoxet. The region around Hackletons Lime 
Rocks — the present Dexters Lime Rocks — a little southeast 
of the village of Lime Rock in the town of Lincoln. {P. R. 
iii : 66, 229, 241 ; xvii : 295 ; and Dexter Genealogy, pp. 14, 22.) 
The brook flowing from the Lime Rocks to the Blackstone 
river was called Scockonoxet Brook. (MS. Deeds, v : 294, in 
City Hall.) 

Seekonk River. Generally spelled Seaconke, mentioned 
in the records as early as 1650, and often called the Pawtucket 
River. {P. R.'n: 10; w: 283 ; xvii : 155.) 

Sekesakut Hill. A hill, formerly so called, in the town 
of Johnston, extending north and south, and about a mile and 
a half west of the present village of Lymansville. The name 



LIST OF NAMES. 393 

was also applied to the region about the hill. (P. R.'i: 20; 
iv : 130; V : 116, 132.) 

Seven Mile Line. This line was established on May 14, 
1660, as the bounds of the first division of proprietors lands. 
From a point seven miles due west from Foxes Hill, it was to 
run north to the Pawtucket River and south to the Pawtuxet 
River (P. R. ii : 129). On December 30, 1663, a committee 
was chosen to set the bound seven miles west of Foxes Hill 
and to run the northern extension of the line (iii : 47). The 
latter part of this order was renewed February 19, 1666 (ii : 69), 
and the line was run probably as far as the Woonasquatucket 
River soon thereafter. According to the Providence-Pawtuxet 
agreement of January 16, 1683, the southern extension of the 
line was to be run as far as the Warwick north line (xv : 237). 
Although it was ordered, on April 27, 1683, that this be done 
without delay (viii : 130), and although it became the subject 
of frequent later discussion {P. R. xi : 43, 105 ; xvii : 231, 274 ; 
and F'enner Papers, no. 16675, 16816, 16847, 16975, in City 
Hall) it was not until February 11, 1712, that a joint commit- 
tee reported that the line had been run and the bounds set 
{P. R. xvii: 284). In the meanwhile, on January 27, 1710, it 
had been ordered that the line should be run out from the 
Woonasquatucket River northerly unto the limits of the Provi- 
dence lands (xi : 141). The line which to-day forms the east- 
ern boundary of Burrillville, Glocester and Scituate is prac- 
tically the seven-mile line as it was established in 1660. The 
distance from Foxes Hill was evidently approximated, and not 
surveyed, since it amounts to slightly over eight miles. Being 
surveyed by a compass, moreover, the line falls about 9° west 
of the true astronomical north given on most modern maps. 

Small Brook. The brook flowing through the present 
Davis Park into the Woonasquatucket River. {P. R. ii : 21 ; 
v:222; Hopkins' Home Lots, p. 69; and Plat Card 118 in 
City Hall.) 

Snail Hill. A hill, formerly so called, near the present 



394 RHODE ISLAND HISTORICAL SOCIETY. 

corner of Waterman and Cooke streets. A plat of the Snail 
Hill property drawn by Gov. Hopkins is in the Moses Brown 
Papers, vol. i8, no. 124a, in the R. I. Hist. Soc. {P. R. ii : 12, 
20; and MS. Deeds, xii : 152.) 

SocKANOssET. The locality of the present Sockanosset 
Reservoir in the town of Cranston. {P. R. xvi : 286 ; Harris 
Papers, p. 207.) 

Solitary Hill. A hill formerly located directly south of 
the present Olneyville Public Library Building at Olneyville 
Square. The dividing line between Providence and Johnston 
ran due north and south from the eastern side of this hill. 
{P. R. i : 8 ; xiv : 169 ; R. I. Col. Rec. vi : 194 ; Steere Geneal- 
ogy, p. 180; Cushing and Walling Map of 1849.) 

Spectacle Pond. Identical with the present pond of the 
same name in the town of Cranston ; mentioned in the rec- 
ords as early as 1644. (/*. R. ii : 3 ; iv:i4i.) Spectacle 
Meadows lay to the west of the pond. {^Harris Papers, pp. 55, 
73, 98.) There were also Spectacle Meadows on the Branch 
River, near the present Burrillville-North Smithfield dividing 
mentioned early in the i8th century. 

Stampers. A hill, formerly so called, at the present 
Stampers street, on the east side of the Moshassuck River. 
Stampers Bottoms lay at the foot of the hill, on the river. {P . 
R. ii :58, 91 ; iii : 75 ; and plat reproduced in Steere Genealogy , 
P- 36.) 

SucKATUNKANUCK HiLL. A hill directly east of the pres- 
ent Almy's Reservoir, in the town of Johnston. {P . R. iv : 24 ; 
xiv: 93; and Stevens Map of 1831.) 

Sugar Loaf Hill. Mentioned in 1653 as an original 
boundary of the town of Providence. Judging by its order in 
the list then given, it must have been situated a little north- 
west of Pawtucket. (P. R. ii : 73.) 



LIST OF NAMES. 395 

SuTAMACHUTE HiLL. A hill, formerly so called, located in 
the town of Johnston, south of Dry Brook and directly 
northwest of the village of Simmonsville. Often spelled 
Sichamachute. {P. ^. iii : 241 ; iv : 156; v:3i9; xi : 77.) 

Swan Point. On the Seekonk River and still so called ; 
mentioned in the records as early as 1685. {P. R. viii : 149, 
160.) 

Swan Pond. A little pond on the west side of the Mo- 
shassuck River, directly south of the present Breakneck Road 
and north of Olney's Pond. In the 1895 Atlas it is called 
Quinsnicket Pond, and in Holbrook's Genealogy of the Hopkins 
Family (1881), p. 18, it is spoken of as Goldfish Pond. {P . 
R. ii: 107; iv: 119, 228.) 

Tabamapauge Pond. The present Dyer's Pond in the 
town of Cranston. Sometimes called Paugeamapauge Pond 
and in one deed apparently confused with Antashantuck Pond. 
{P. R. iv : 136 ; V : 38, 137 ; viii : 71.) 

Tarebreech Plain. The sole mention of this name be- 
fore 1700 gives no hint as to its location. Perhaps the word 
has some connection with the i8th century Tar Bridge, at 
Olneyville. {P. R. iii : 88.) 

Third Lake Brook. A brook flowing from the northern 
end of the Great Swamp into the Moshassuck River. Traces 
of it can still be seen where it enters the river at Moshassuck 
street in the city of Pawtucket, crossing Main street near the 
junction of West avenue. {P. R. iii: 21 ; xiv : 191, 208; and 
Hopkins Atlas of 1882.) 

Tongue Pond. Mentioned in the records as early as 1659, 
being practically in its present location — between Fenner ave- 
nue and the railroad, and directly south of the Narragansett 
Brewing Company. {P. R. i: 98, 99; and 1895 Atlas.) 



396 RHODE ISLAND HISTORICAL SOCIETY. 

TosKEUNKE. The meadows on both sides of the Pawtuxet 
River, south of the present Warwick Hne and to the east of 
the village of Pontiac. It was affirmed that the river itself at 
that place was called Toskeunke, but it was apparently never 
so termed, except by some of the Warwick settlers. {P. R. 
iv : i6i ; Harris Papers, pp. 57, 298, 310; plats in Rider's 
Hist. Tract, ser. 2, no. 4, p. 100; and R, I. Hist. Soc. MSS. 
V : II ; and Warner Papers, no. 63, 75, in J. C. B. Library. The 
land between Pontiac and Meshanticut Brook is called Chee- 
Toskeunke on the plat in Rider's Hist. Tract, and there is oc- 
casional use of the name (See Copies of Warwick Records, 
p. 33, in R. I. Hist. Society). 

ToYASKQUT River. A river running "down to Paw- 
tucket," mentioned in 1661 as the western boundary of Way- 
unkeke. Perhaps the present Tarkiln River. {P. R. v: 285.) 

Venter. A name formerly given to a brook flowing into 
the Woonasquatucket River directly north of the present vil- 
lage of Merino in the town of Johnston, as well as to the 
meadows north of the brook and to the general locality. The 
plain to the south of the brook was called both Venter Plain 
and Poor Man's Plain. Occasionally spelled Venture. {P. R. 
ii : 37 ; iii : 89 ; vi : 105 ; xiv : 63, 100 ; xvi : 435 ; MS. Deeds, 
xiv: 283, in City Hall; and Hopkins 1882 Atlas.) 

Vineyard. An island in the Pawtuxet River, directly north 
of the present Rhodes boathouse. It formerly belonged to 
the thirteen Pawtuxet proprietors and is still known by its 
original name. {P. R. ii:ii; v : 55 ; xiv : 75 ; and 1895 
Atlas.) 

Wallers Island. An island in the Great Swamp, several 
hundred feet north of the present Rochambeau avenue and 
near the Blackstone Boulevard. {P. R. iii : 107 ; xiv : 165.) 

Wallers Swamp. The swamp to the west of the present 



LIST OF NAMES. 397 

Mount Pleasant avenue and north of Chalkstone avenue. 
Called N. Brown's Swamp on Lockwood Map of 1835. {P. 
R. vi : 63 ; xiv : 82 ; and Hopkins' Home Lots, p. 69.) 

Wallings Pond. The present Sprague's Lower Reservoir 
in the town of Smithfield. {P. R.'xw : 21; xiv : 99 ; and Har- 
I ris Papers, p. 319.) 

Walsingham. a name given to the Thomas Walling farm, 
formerly located on the western side of the Louisquisset Pike, 
in the present town of Lincoln, and near the southern bound- 
ary line of the town. {P. R. iii: 117, 158, 160; xiv: 31 ; and 
MS. Deeds, iv : 146, in City Hall.) 

Wanskuck. The name of a brook flowing into the West 
River near the present boundary line between Providence and 
North Providence. The name was also applied to the mead- 
ows along the brook and to the neighboring locality. The 
name today is applied to a village and pond somewhat to the 
east of Wanskuck Brook. In its alternate form of spelling — 
Wenscott — it seems at quite an early date to have been ap- 
plied to the meadows a mile and a half northwest of the 
brook. {P. R. iii : 239 ; iv:i42; xvi:202; and Lockwood 
Map of 1835.) 

Wapwaysitt. Another spelling of Weybosset, q. v. 

Washouset Point. See Long Neck. 

Wayunkeke. The region in the immediate vicinity of the 
present Wionkhiege Hill in the town of Smithfield, and ap- 
parently regarded by the early colonists as a tract of about 
four square miles. The name, in its various spellings, was ap- 
plied to the hill, to the fields southeast of the hill and occa- 
sionally to that branch of the Woonasquatucket River which 
flowed nearby. {P. R. iii: 19; iv:i82; v : 94, 285, 320; 
xvi : 208 ; and Narr. Club Publications, vi : 315.) 



398 RHODE ISLAND HISTORICAL SOCIETY. 

Weecapasacheck. a reasonable interpretation of the 
records seems to place this locality a little south of the pres- 
ent Wionkhiege Hill in the town of Smithfield. {P. R. iii : 38, 
241, 244.) 

Wesquadomeset. a name applied at least as early as 
1666 to the present Sayles Hill in the town of North Smith- 
field and likewise to the Crookfall Brook. The surrounding 
locality, which was included in the Inman Purchase, was also 
so called. {P. R. iii 1242; iv : 143; v: 144; xiv : 112, 140; 
and Narr. Hist. Register, vi : 49.) 

West River. Mentioned in the records as early as 1652 
and still so called. (JR. R.'\\: \\\ xiv : 8, 106.) 

Westconnaug. a tract of land purchased in 1662 and 
comprising practically the southern half of the present town 
of Foster and that part of the town of Scituate south of the 
Pawtuxet River. Its northern boundary line was established 
in 1708. The name was generally spelled Wesquenoid or 
Westquadnaig. {P. R. xvi : 204 ; xvii : 223 ; original deed in 
Fenner Papers, no. 16628, in City Hall; and map of Foster in 
R. I. Hist. Soc. MSS., vii, no. 1409. There is a mutilated 
plat of the purchase in the office of the town clerk of Foster.) 

Weybosset. The specific locality, Weybosset, when men- 
tioned in the early records, invariably meant the neck of land 
bounded on the north by the Cove, on the east and southeast 
by the Providence River and on the southwest by Muddy 
Bridge, or Dorrance street. Weybosset Bridge, connecting 
this neck with the east side of the river, is the Market Square 
Bridge of to-day. Weybosset Hill stood directly to the west 
of the present Turks Head, between Weybosset and West- 
minster streets. i^P. R. ii : 14 ; iii : 33 ; ix : 41 ; xi : 90, 92.) 
Weybosset Plain is spoken of as the " plain south of the 
Wanasquatucket River " or " the plain between Weybosset 
and the Pawtuxet line," yet whenever land is mentioned be- 



LIST OF NAMES. 399 

fore 1700 as being on Weybosset Plain, its location is invaria- 
bly near the east side of Long Pond. {P. R. i: 95 ; ii : 34 ; 
xiv: no.) Weybosset was generally spelled Waybossett, and 
occasionally Wapwaysitt. (See R. I. Hist. Soc. Pub. iii : 117.) 

What Cheer. An Indian field of about six acres, located 
immediately to the west of " What Cheer Rock " and early 
granted to Roger Williams. The Fenners subsequently 
owned this and surrounding property and the plat of their es- 
tate, known as "What Cheer," is on Plat Card 61 in the City 
Deed Office. The cove to the northeast of the Rock was 
called What Cheer Cove, after 1700. {P. R. i: no; iii: iii, 
190; xi : 114; and Hopkins' Home Lots, p. 61.) 

WicKENDENS CovE. See Mile End Cove. 

Wind Mill Hill. Identical with the present hill of the 
same name, which is located at the joining of the boundary 
lines of Providence, North Providence and Pawtucket. {P. 
R.v: 16 ; vii : 22 ; xi : 55.) 

WooNASQUATUCKET. First mentioned as a river in the 
original deed of Providence and ever since so known. Woon- 
asquatucket Plain was the land in the vicinity of the new 
State Capitol, called Jefferson Plains on the Lockwood Map 
of 1835. It was generally spelled Wanasquatucket. (/*. R. 
ii : 9, 36 ; iv : 71 ; v : 223, 296 ; xi : 52.) 

WooNSOCKET. In the early records this name applied to 
the hill now called Woonsocket Hill and to the immediately 
surrounding region rather than to the vicinity of the present 
town of Woonsocket. It was generally spelled Wansokutt 
or Wansokett. {P. R. viii : 118 ; xiv : 38 ; xv : 217 ; and origi- 
nal deed in R. I. Hist. Soc, and printed in Narr. Hist Regis- 
ter, vi : 52.) 

Worlds End. A pond, formerly so called, identical with 



400 RHODE ISLAND HISTORICAL SOCIETY. 

Great Pond, or that part of the present Scotts Pond in the 
town of Lincoln which was called Scotts Pond before the 
construction of the Blackstone Canal. The Worlds End 
Meadows were southwest of the pond, on the Moshassuck 
River. {P. R. ii: 102; xi : 164; xiv : 158; and MS. Deeds, 
ii : 489 ; v : 293, in City Hall. 



INDEX. 

[Note. — The following index contains all names of persons 
and places occurring in the Introduction and in the Harris 
Papers. The Calendar, which is arranged chronologically, and 
the List of 17th Century Place-Names, which is arranged 
alphabetically, are not indexed.] 



Absolute Swamp 92 
Achetonsick 48 
Addington, James 48 
Ailesbury, Earl of 313 
Albany, Fort 178 
Albro, John 276 278 286 
Alden, John 127 
Alexander (sachem) 195 
Algerines 332 362 
Algiers (Arjeres) 21 189 320 322 
323 325 327-331 333 335 336 

365 
Allen, John 127 192 193 222 223 

363 
Zachariah 215 
Almy, John 127 

Mary 340 
America 334 366 
Anabaptists 145 146 
Ancient & Honourable Artillery 

Co. 145 
Andros, Edmund 21 142 183 357 

360 
Angell, Thomas 1 50 
Anglesey, Earl of 313 
Anne (Queen) 21 364 366 369 
Antashantuck 371 
Apautuck 48 
Aquidneck 201 



Arnold, Benedict 56 90 182 184 

191 201 219 259 311 
Fred A. 169 
John 288 289 368 369 
Richard 340 
Stephen 64 219 230 280 288 

289 290 291 292 293 298 318 

345 346 353 360 
William 47 48 49 50 51 53 56 

57 100 loi 151 204 298 345 
Ashton, James 67 
Atherton, Humphrey 11 1 112 113 

128 
Atkinson, Theodore 207 
Awaskakooke 62 63 64 
Bacon's rebellion 174 
Bailey, Richard 90 
Baptists 127 277 
Barbadoes 67 127 143 147 263 
Barnstable, Mass. 188 231 
Barton, Benjamin 95 127 
Bates, Frank G. 8 
Beauclerk, Charles 122 
Bellingham, Richard 145 
Berkeley, William 174 
Be wit, Hugh 92 
Bewits Brow 92 
Billings 219 
Black Point 183 



402 



INDEX. 



Blackmore Pond 14 206 
Blackstone River 171 
Blathwayt, William 334 337 338 
Block Island 145 
Bond, William 192 222 223 
Borden, Mary (Harris) 356 

Thomas 356 
Boston 21 47 124 128 142-146 151 
163 175 180 184 185 189 207- 
209 222 226 235 237 240 241 
243 260-262 277 320 322 325 
332 338-342 359 
Bradford, Earl of 366 

William 127 353 
Bradstreet, Simon 127 276 
Brenton, William 86 144 217 219 
Brewster, Benjamin 223 244 
Bridgewater, Earl of 313 
Brinley, Francis 320 321 323-326 
328 330 336 337 339 340 343 
357 
William 192 193 223 264 
Brooks, Gilbert 192 193 222 223 
Brown, Chad 92 
Daniel 62 
Henry 59 90 92 
James 127 234 
John 59 67 68 71 72 234 
(Lieut.) John 192 193 222 
Moses 6 102 220 350 
Bulkley, Peter 246 249 309 
Bull, Henry 127 
BuUen, Samuel 192 222 223 
Burlingame, Roger 65 66 69 84 95 
209 210 221 225 280 283-285 
291 297 318 352 354 355 367 
368 
Burton, William 63 84 194 209 210 

221 320 
Cajaniquanut 206 
Calverly, Edmund 11 14 15 17 63 
71 87 89 91 95 96 153 185 
190 194-197 213 221 222 225 
237 279 282 297 318 320 346 



Calverly, Edmund 348 
Cambridge 146 
Canonchet 171 

Canonicus 11 12 48 67 89 106 175 
177 195 196 201 206 234 303 
304 316 
Carpenter, Benjamin 353 

Ephraim 97 98 287 288 289 
296 324 348 360 367 36S 369 
Joseph 72 73 
Priscilla 97 
Silas 337 353 360 
Timothy 353 360 
William 47 49 50 52 53 54 57 
60 73 74 80 84 85 86 88 96 
97 98 99 100 loi 102 151 
162 204 287 304 310 345 346 
Carr, Caleb 278 280 281 284 285 
286 
Robert 14 15 m 124 
Cartwright, George 14 in 124 142 
Chamberlain, John 370 
Chapman, John 322 
Charles II 63 108 113 116 122 129 

281 283 314 318 364 
Chepasotem 89 
Church, Benjamin 178 
Clarke, James 273 

John 78 86 104 105 106 112 

117 118 127 
Joseph 278 280 281 284 285 

286 
Thomas 127 1S3 
Walter 127 161 278 280 281 
286 319 355 
Clemence, Thomas 93 94 
Coddington, Nathaniel 318 

William 125 127 129 144 146 
201 
Coggeshall, John 190 192 222 226 
229 241 260 263 299 
Joshua 71 127 
Cole, Robert 47 50 51 305 
Colwell, Robert 71 



INDEX. 



403 



Combination, The 15 199 219 

Condy, William 332 

Coningsly, Lord 366 

Connecticut 17 105-117 121 124 

125 127 129 132 136 145 146 

151 15S 160 166 168 169 171 

174-177 180 181 187 191 192 

193 205 222 223 234 241 245 

259 260 262 263 268 270 276 

279 301 309 325 326 337 339 

346 350 351 364 
Cooke, George 309 310 
Cornish, John 293 294 
Coshutaquant 62 
Cottrell, Nicholas 71 
Cowaude 57 
Cowdall, John 71 
Coweset 69 194 195 196 
Crandall, John 192 193 223 
Cranston, John 20 21 278 280 281 

284 285 286 297 298 299 317 
Craven, Earl of 313 
Cromwell, Oliver 123 235 269 

Richard 235 248 269 
Cudworth, James 127 168 i8i 189 

192 222 226 229 241 261 263 

265 
Cushman, Mary Harris 6 47 
Danforth, Thomas 127 
Dartmouth, Lord 366 
Davis, Capt. 350 
Deane, Charles 184 
Richard, 1 17 
Thomas 184 272 342 343 350 

351 
Deerfield, Mass. 168 170 
Denison, George 127 145 192 222 

226 229 241 242 263 265 
Derby, Francis 63 
Dexter, Gregory 16 17 91-94 198 

200 202 214-220 224 228 234 

239 240 251 279-285 291 318 

320 
Thomas 183 



Dirty Cove 256 

Dolphin (sloop) 338 

Dudley, Joseph 189 360 
Paul 184 
Thomas 151 

Dutch 128 178 

Easton, John 49 86 164 345 
Nicholas 86 127 

Edgecombe, John 223 244 

Edmunds, Andrew 290 291 

Eliot's Indian Bible 146 

EUson, James 328 

England 18-21 61 89 94 105 108 
112-116 118 125-128 136 138 
143 146 147 153 155 157 159 
160 161 166 178 186 189 196 
202 206-208 210-213 -18 219 
227 231-234 248-250 254 255 
258 271 276 277 300 306 309 
310 313 314 317 328 332 333 

338 339 351 355 361-363 365 

Church of 247 
Essex, Earl of 313 
Fauconberg, John, Lord 313 
Fenner, Arthur 16 19 20 59 71 72 
80-82 84 85 92 198 200 202 
214-220 224 227 228 230 232 
237 239 240 251-256 262 272 
279-285 291 318 340 356 358 
362 363 

Howlong Harris 344 351 362 

John 5S 59 

Thomas 370 

William 59 
Field, John 59 92 

Thomas 17 179 180 188 19-5 
194 197 198 203 205 207 216 
22 1 223-225 229 230 233 236 
241 243 283 284 287 288 290- 
295 302 312 313 344-347 352- 
354 357-361 364-367 369-371 

William 53 54 57 60 65 66 73 
74 102 310 312 345 

Zachary 226 227 



404 



INDEX. 



Fish, Thomas 71 
Fisk, Samuel 371 
Fitch, James 223 244 363 
Floyd, Philip 313 
Fowler, Hem-y 59 183 257 
Fox Point 72 
Foxes Hill 12 72 227 
France 143 189 323 368 
Freeman, John 127 
Fry, Thomas 302 
George of Denmark 366 
Gereardy, John 63 
Goff, George 65 66 
Goodwin, Adam 79 
Gooking, Daniel 127 
Gorton, Benjamin 65 66 

John 65 66 

Samuel 13 65 66 190 195 211 
224 235 246-248 278 294 296 
302 303 305 306 309 317 352 

354 

Gould, Daniel 127 
John 71 248 

Gravesend 258 307 

Great Salt River, 47 

Great Swamp Fight 170 

Greene, John 19 54 56 60 83 96 
182 190 195 199 211 224 231 
246 268-270 274 275 288-295 
300 302-305 307 309 312 314- 
318 348 352 354 361 362 365 
Thomas 278 281 317 
Welcome A. 92 

Gwyn, Nell 122 

Gyles, Samuel 192 222 223 

Hadley, Mass. 168 170 

Harley, Robert, Earl of Oxford 366 

Harris, Anne 324 

Andrew 58 59 61 62 65 66 68 
70 148 266 320 322 32s 327 

328 335 337 343-345 356 
Andrew ( grandson ) 364-366 

369-371 
Elizabeth 344 



Harris, Henry 370 

Howlong (see Fenner) 266 294 

331 340 344 
Martha 344 
Mary 356 
Susanna 287 324 327 329 335 

337 339-342 344 356 
Thomas 49 59 61 62 161 267 

273 294-296 344 347 349 357 

360 
Toleration 65 95 96 162 324 

330 
William, passim j see Calen- 
dar, pp. 23-45 
Harrud, John 11 14 15 17 21 66 
68-72 83 85 87 95 96 130 148 
152 153 185 186 190 205 209 
210 221 225 231 237 251 279 
280 282-285 291 297 318 320 
346 348 352 354 355 367-369 
Hartford, Conn. 184 351 
Harvard College 146 328 
Hawkins, William 102-104 227 
Hawthorne, William 49 loi 127 

345 
Hazard, Robert 239 243 
Hedger, Thomas 69 
Hedges, Sir Charles 366 
Heffernan, William 223 264 
Henchman, Daniel 180 184 192 222 

226 229 241 261 263 265 
Hill, Charles 192 193 223 
Hinckley, Mrs. Mary 189 

Thomas 17 21 127 181 187 

188 192 209 222 226 229 231 

241 242 244 245 260 261 263- 

265 330 353 
Hingham, Mass. 14 205 224 279 

282 283 285 318 352 354 
Hipses Rock 14 18 92 256 257 
Holden, Randall 19 54 60 231 246 

248 268 269 274 275 300 307 

309 312 314-318 354 359 365 
Holder, Christopher 213 



INDEX. 



405 



Holland 189 

Holliman, Ezekiel 56 306 
Hope (Island) 201 
Hopkins, Thomas 82 92 

William 230 289 296 367 368 

369 

Hubbard, Captain 130 183 
Samuel 91 
William 169 174 

Hull, John 332 

Hunts of Rehoboth 183 

Hutchinson, Elislia 276 

Indians 62 75 88 89 loi 103 129 
130 146 148-152 156 157 162- 
178 183 194-196 201-205 215 
216 220 247 248 253 270 298 

3'^3-305 359 
Inman, Edward 59 220 
Irish Donation 184 
Jamaica 143 144 
Jenckes, Joseph 340 349 350 
Jones, John 59 
Kachanaquant 12 
Katherine (ship) 184 
Kennebec 183 
Keyes 103 104 
Kick, Abraham 275 
King, Clement 360 
King Philip's War 65 162-179 248 
King's Province 275 276 278 
Lease, Mr. 343 351 
Ledget, Mr. 336 
Leete, William 127 184 185 
Leverett, John 127 129 145 180 

183 185 266 
Lewen, John 276 
Lewis, Robert 278 
Little Neck 50 
Lockwood, Moses B. 215 
London 20 21 143 258 321 323 324 

325 328 331 341 342 350 365 
Long Island 185 186 
Lovell, John 290-293 
Low, Anthony 338 



Lusher, Eleazer 49 345 

Lynde, Simon 192 222 226 229 240 
241 261 263 265 339 

Magnus (Queen) 175 

Makanno 175 

Mallery, Massey 294 

Mameawequate 63 

Man, James 71 

Manton, Shadrach 59 82 90 

Many Holes 99 100 

Marseilles 333 335 341 

Marshfield, Mass. 189 359 

Maryland 109 no 

Mashantatack 14 15 61-64 68 69 
72 83 87-89 95 96 102 185 
'210 218 219 221 237 251 288 

295 347-349 357-359 367-369 

Mashapaug 13 18 19 20 22 57 99 
239 256 258 371 

Maskataquatt 63 64 

Mason, Daniel 192 193 328 
Hugh 328 
John 192 328 

Massachusetts 17 47 53 121 124 
127 129 130 132 136 137 145- 
151 154 158 160 168 169 170 
177 180-182 186 191 192 195 
204-206 219 234 239 246 247- 
249 259 260 268 270 279 300 
309 346 364 

Massasoit (Osamequin) 106 165 
195 196 

Matantuck 175 

Mather, Cotton 277 
Increase 184 275 
Nathaniel 184 

Mathewson, James 58 59 371 

Maverick, Samuel 14 in 124 

Mazarin 175 

Mead, John 326 
Mr. 326 335 

Mendon, Mass. 219 

Miantonomi 11-15 48 55 57 67 89 
106 171 172 195 206 303-305 



406 



INDEX. 



Miantonomi 311 316 

Misquamicuck 105 106 iii 

Mohawks 177 178 

Mohegans 171 

Moone, Ebenezer 65 66 69 

Moore, Mr. 178 

Moscompowes 48 

Moshassuck 12 17 92 316 

Mount Hope 166 168 172 178 

Murray, Robert 332 

Musgrave, Christopher 319 366 367 

Nakanett 63 

Namponnant 62 

Nanuntenoo 171 172 

Narragansett 57 in 112 118 166- 
177 185 206 234 274-276 278 
293 294 320 322 325 334 338 

363 
Bay 106 129 149 150 196 
River 105 106 

Narragansetts 165-177 

Natick 54 61 303 309 

Nenekelah 12 206 

Neutaconkanut 14 18 19 20 55 63 
64 72 73 92 257 

Nevis (Island) 127 

New England 18 62 64 116 120 
122 124-130 138 142-150 153 
155-160 246 249 255 267 271 
275 277 286 300 304 312 314 
321 325 327-329 331 334 335 
346 349 360 362 364 366 

New London, Conn. 145 245 

New Plymouth, see Plymouth 

New York 234 

Newport 13 14 21 70 78 90 144 
161 182 185 191 201 259 278- 
286 309 319 342 

Nichols, Richard 14 83 86 in 

Nimeguen 189 

Nipsachuck 169 

Nixon, John 71 

Northup, Stephen 59 

Norton, Mr. 123 



Norwich, Conn. 363 

Observation Rock 92 

Olney, Epenetus 91 93 102 103 
227 296 347 357 
Thomas 53 57 58 62 65 66 70- 
73 91 93 95 96 103 104 225 
235 236 345 359 

Oneco 171 

Osamequin, see Massasoit 

Otis, Joseph 370 

Oxford 92 

Oyster Bay 287 

Pain, Mr. 105 

Paine, George T. 6 7 ii 

Palmer, George 59 
Henry 342 

Palmes, Edward 185 

Papaquinapaug 17 57 256 258 

Paquaite 62 

Parker, Ann 99 

Richard 99 100 loi 102 

Paquabuck 62 69 

Passuatuxett 83 

Pataconkqueset 62 

Patience (Island) 201 

Paulet, Charles 366 

Pawcatuck River 106 m 

Pawtucket 67 92 
River 12 67 92 

Pawtuxet 11-22 47-49 53-57 66-69 
71 73 74 86 88 97-100 129 
131 136 138 148-151 162 171 
174 176 179-182 186-188 190 
193-201 204-207 215-225 229 
230 234 237 242 250-253 256 
257 260 266-271 274 282-294 
296 298 300-318 327 329 335 
337 339-342 345 347 351-355 
357-362 364 368-371 
Falls 298 

River 12-14 17 19 20 48 54 55 
57 63-68 99 188 201 202 206 
224 225 228 236-239 242-244 
251 252 256 258 261 262 264 



INDEX. 



407 



Pawtuxet River 265 283 284 298 

303 305 306 315 316 319 359 

Peck, John 192 193 222 

Peirce, Michael 170 176 

Peirce's Fight 171 

Pequot War 178 328 

Pesaumkamesquesit 73 

Pessicus 12 311 

Phetteplace, Thurston M. 8 

Philip (King) 17 163-170 172 178 

Pied Piper of Hamelin 204 

Pinnicke, Larance 69 

Piscataqua 143 145 

Plymouth 17 19 106 121 124 125 
127 129 130 132 136 137 142 
145-150 154 158 160 163 164 
168 169 172 177 178 180 182 
184 186 187 191-193 222 246 
259 260 268 271-273 279 299 
300 308 309 314 317 336 346 
361 364 365 

Pocasset 64 70 

River 13 14 18 20 47 49 51 52 
54 56 63 64 70 73 92 99-102 
183 198 239 251 253-258 287 
288 298 318 345 371 

Pococke, John 340 341 

Pomham 309 310 

Ponagansett 17 18 20 188 202 219 
220 230 237 251 253 265 303 
306 319 359 

Pontiac 13 

Porter, John 124 

Portsmouth 13 53 60 78 310 313 

Portugal 143 323 

Potowomut Neck 234 

Potter, Abel 194 

Potuck 175 176 

Pray, Richard 59 

Presbyterians 146 

Providence 11-21 48 53-56 58 60- 
62 64-70 72-74 82 84 86 90 
102 103 106 129 131 148 152 
154 161 169 171 172 174-177 



Providence 179 182 186-194 198- 
207 209 214-217 220-231 236 
237 239-251 253 260-263 266 
271 272 279-295 299 303 306 
307 310 311 314-319 322 325 
329 331 335 336 343 346 347 
349 352 354 356-362 364 367- 
371 
Bridge 73 102 103 104 
Ferry 263 

Prudence Island 201 

Pulton, Ferdinando 107 

Quaiapen 175 

Quakers 79 82 118 127 145 146 
147 i8i 275 277 

Quanosett 63 

Quassaquanch 12 

Quequaquennet 12 206 

Ralph, Samuel 348 

Thomas 63 69 84 190 209 210 
221 225 280 283-285 291 297 
318 320 348 352 354 355 367 
368 

Randall, William 130 183 187-189 

Randolph, Edward 142-147 274 334 

Reape, Joan 345 346 

Rehoboth 106 169 171 172 176 183 

Rhode Island 17 20 62 64 71 78 
83 90 105-114 116 121 124 
125 127 129-131 133 135 136 
138 140 142-151 153-155 158 
160 163 164 167 174-176 178 
180 185-187 191-194 198 200- 
206 215 216 221-223 225 228 
239 241 248 250 259 263 264 
267-270 272 275-279 282-286 
293 294 297-300 308 309 315 
317 318 320 326 331 346 347 
349 351 354 355 359 361 364- 
370 

Rhode Island (Island) 217 246 276 

277 319 342 
Rhodes, Jeremiah 353 
Peleg 353 360 371 



408 



INDEX. 



Rhodes, Zachary 49-54 60 64 67 

73 74 310 345 
Rice, John 69 
Richards, James 127 185 
Richardson, Amos 192 193 223 

322-324 328 336 363 
Richman, Irving B. 7 11 
Richmond, Edward 192 193 
Rider, Sidney S. 11 352 
Roberts, Parnill 161 273 324 

Thomas 59 161 273 324 
Rochester (Kingston) 356 
Rogers, James 15 83 95 96 
Saffin, John 276 277 
Salem, Mass. 142 

Sanford, John 54 55 56 64 71 278 
280 281 284 285 286 296 297 

Peleg 178 182 190 192 198 222 
226 229 241 242 260 263 299 
Sassafrax Cove 256 
Saunders, Tobias 71 
Savage, Thomas 168 184 
Sayles, John 49 50 97 98 
Scarborough, Me. 183 
Scituate 187 
Scogan 75 
Scuttop 12 206 
Searle, Edward 348 
Seekonk River 106 
Sheldon, John 353 
Shemenahawssowett 62 63 
Sheppard, Fleetwood 16 122 
Simons, Samuel 127 
Skinner, Thomas 350 
Smith, Benjamin 72 73 86 353 

Christopher 59 

Edward 59 92 

Elizabeth 339 

John 21 54 60 64 150 236 238 
257 282-297 315 316 319 347- 
350 354 355 359 367-369 

Richard 274 276 278 321 324 

336 338 339 341 
Smiths of Rehoboth 183 



Socanonoco 47 48 298 

Sockanosset 207 

Solitary Hill 256 

Somerset, Duke of 366 

Southold, L. I. 186 

Southwell, Robert 274 313 

Sovereign Plaster 93 239 

Sowams 106 

Spain 143 323 

Spectacle Meadow 55 57 72 73 97 

98 99 100 
Spectacle Pond 73 
Stamford, Earl of 366 
Stanton, John 223 264 298 
Starr, Samuel 244 
Steele, Sergeant 249 
Steere, John 59 226 227 
Stokes, John 275 325 328 333 336 

343 
Stoughton, William 127 246 249 

309 
Sudbury, Mass. 173 
Sugar-loaf Hill 92 
Swansea, Mass. 168 338 
Sweet, James 14 56 62 63 64 65 

72 194 221 320 
John 14 62 63 64 65 194 221 

320 
Talcott, John 127 169 
Taunton, Mass. 169 
Taylor, William 184 
Tew, Henry 356- 
Thacher, Thomas 146 
Thomas, Nathaniel 21 349-353 

355 358-360 362 368 369 
Thornton, James 371 
Throckmorton, John 57 82 99 
Thurston, Edward 71 
Tillinghast, Philip 369 
Timberlake, Henry 71 
Todd, Walter 63 320 
Torrey, Joseph 49 58 62 67 68 70 

87 345 
Tortudas 147 



INDEX. 



409 



Toskeunke 13 54 57 61 65 66 205 
207 211 212 237 251 298 303 
306 309 310 315 

Toskeunkeneages 298 

Towers, John 11 14 15 17 21 130 
193 205 207 209 224 240 252 
279 282-288 290 294 295 318 

320 352 354 
Town Evidence 61 loi 151 204 
Tracy, Thomas 192 193 
Trevor, Sir John 366 
Tripp, John 127 
Trumbull, J. Hammond 6 7 
Twopowes 48 
Turkey 363 

Uncas 169 171 172 174 
United Colonies iii 145 175 181 

185 234 
Unity (Ship) 332 
Updike, Daniel 321 324 
Gilbert 321 
Lodowick 324 
Vane, Lady Frances 234 
Verin, Joshua 67 150 
Vernon, James 366 
Viall, Elizabeth (Smith) 339 

John 339 
Vincent, Fridgwith 97 

William 97 98 
Vineyard, The 50 
Virginia 109 no 174 
Wadsworth, John 350 
Walley, Thomas 189 
Wallins Pond 319 
Wamsutta, 195 
Ward, Thomas 192 193 274 280 

281 286 319 336 355 
Warwick 12-22 54 56 60-71 78 82- 

8g 91 106 129 131 148 151 

152 154 174 176 194 195 198- 

201 211 217 219 224 231 233- 
235 237 246-248 251 268 269 
271 272 275 298 300-317 354 

357 362 365 371 



Warwickeds 234 308 335 
Waterman, Nathaniel 17 179 180 
188 193 194 197 205 207 221 
223-225 229 234 236 267 286- 
288 290 292 293 295 344-347 
352-361 364-370 
Resolved 68 92 
Richard 50 51 67 73 74 305 

345 
Way, George 59 225 226 228 229 

236 
Weetamoe 166 170 
West Indies 143 147 277 
Westcott, Amos 65 66 
Jeremiah 64 
Robert 51 55 
Stukeley 13 55 57 306 
Westerly 105 

Weston, Francis 51 199 305 321 
Wetherell, Daniel 192 222 226 229 

241 242 
Wharton, Richard 128 321 325 326 

334 335 338-343 350 351 363 
William 342 

Wheeler, John 350 351 

Whipple, John 90 91 93 225 227 

231 235 236 257 267 281 295 

322 324 325 328 329 331 336 

338 339 343 356 357 

Joseph 357 

Samuel 357 
White, Mr. 130 
Whiting, Mr. 326 335 

Joseph 326 335 351 

William 350 
Whitman, Valentine 64 
Wickenden William 13 14 55 91 92 
Wickes, Francis 150 

John 54 55 95 96 186 194 357- 

359 
Wilkinson, Samuel 370 
Willet, Thomas 234 
Williams, Joseph 97 296 347 367 

370 



410 



INDEX. 



Williams, Roger 11-20 47 48 54-57 
67 75 77-79 81 89 119 123 
130 150 187 199 201 203 206 
214 215 219 220 231 234 251 

252 257 258 275 307 311 318 

335 
Williamson, Joseph 119 121 149 

180 266 
Willys, Samuel 127 
Winslow, Josiah 125 127 129 146 

180 i8i 182 184 186-189 317 

365 
Winsor, Joshua 59 

Samuel 290 291 295 



Winthrop, John 106 107 112 125 
127 129 145 168 338 

Winthrop, Wait-Still 338 350 363 

Wiquaie 63 

Wise, Joseph 257 

Woodward, Peter 192 222 223 

Woonasquatucket River 12-20 55 
68 102-104 202 224-230 236 
238 239 242-244 251-254 256 
258 261 262 264 283 284 316 

319 
Wotapunchamin 62 63 64 
York, Duke of no 



HK225-78 



410 

INDEX. 



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